The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons,
2011
Boston College Law School
The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon
Hugh J. Ault
This Essay discusses the gradual changes occurring within legal education, which are finding wide acceptance in law schools throughout the United States. These changes include greater attention to other disciplines, primarily economics and behavioral sciences, and the contributions they make to a fuller understanding of the legal system. In addition, law schools are increasingly exploring the ways in which the law in textbooks may differ from the law in action. Nearly every law school, therefore, is seriously investigating the social and economic background of legal rules and their consequences through clinical legal education, which attempts to provide a real or …
Legal Research Update,
2011
Lincoln Memorial University - Duncan School of Law
Legal Research Update, Katherine Marsh, Joshua Pluta
Katherine Marsh
No abstract provided.
Splitting Hairs: What Subtle Distinctions Teach Us About Authority,
2011
Indiana University - Purdue University Indianapolis
Splitting Hairs: What Subtle Distinctions Teach Us About Authority, Benjamin J. Keele
Library Staff Publications
Legal researchers constantly deal with issues of authority. Did the police have authority to search the car? Is this court of appeals decision binding authority on my case? What statutes are authoritative in my jurisdiction? These questions are important, and librarians often help find answers. The question of authority that librarians are best equipped to answer, however, is “How authoritative is this source?”
Asp Without Stigma: Serving Our Diverse Populations: Introductory And Conference Summary Comments,
2011
Boston College Law School
Asp Without Stigma: Serving Our Diverse Populations: Introductory And Conference Summary Comments, Elisabeth Keller
Elisabeth Keller
No abstract provided.
Desafios Constitucionais,
2011
Universidade do Porto
Desafios Constitucionais, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
É preciso empreender um contra-ataque constitucional. Não podem os democratas e amigos do Regime saído do 25 de Abril e do sistema político consagrado na Constituição de 76 entrincheirar-se na esperança da mera defesa do que ainda resta de cumprimento da Constituição para além dos formalismos políticos. Os juristas e os constitucionalistas têm especial responsabilidades, mas a todos deve ser dado participar, na medida das suas possibilidades. É preciso mais democracia, mais separação dos poderes, melhor aplicação da Constituição, e mais constitucionalização de todo o Direito. E não diuturna confiscação de direitos. O futuro passa pela Constituição, por muito que …
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model,
2011
Boston College Law School
Putting Watergate Behind Us: Salinas, Sun-Diamond, And Two Views Of The Anticorruption Model, George D. Brown
George D. Brown
A central question in the ongoing debate over the future of the American political system is how to deal with public corruption. This Article first examines the dominant theme of the last thirty years: a relatively hard-line approach that Professor Brown refers to as the post-watergate concensus. In recent years, however, this approach has been subject to growing criminalization of government ethics; Professor Brown then turns to what can be viewed as the counterrevolutionary critique. Against this background, he considers the United States Supreme Court's contribution to the debate. Starting with the recent Sun-Diamond and Salinas cases, and drawing from …
The Gratuities Debate And Campaign Reform – How Strong Is The Link?,
2011
Boston College Law School
The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown
George D. Brown
The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute, as well as uncertainty concerning the relationship of the gratuities offense to bribery. Both offenses are contained in the same statute; the former is often seen as a lesser-included offense variety of the latter. The controversy stems from broader concerns about whether the receipt of gratuities by public officials, even from those they regulate, should be a crime. The argument that such conduct should not be criminalized can be traced to, and …
Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis,
2011
Boston College Law School
Should Federalism Shield Corruption?—Mail Fraud, State Law And Post-Lopez Analysis, George D. Brown
George D. Brown
In this Article, Professor Brown examines the issues that federal prosecutions of state and local officials pose. The analysis focuses on prosecutions under the mail fraud statute and considers the general debate over the proper scope of federal criminal law. Professor Brodin addresses the question of whether a re-examination of mail fraud would focus on constitutional or statutory issues and by utilizing the Supreme Court case United States v. Lopez examines the question of internal limits on the mail fraud statute.
Direito E Poder Em Nietzsche,
2011
Universidade do Porto
Direito E Poder Em Nietzsche, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
A crítica impiedosa e fria de Nietzsche ao Direito moderno, aos direitos, à democracia e a vários esteios da nossa actual civilização ajudar-nos-à certamente a compreender melhor a situação de ataque mais subtil, politicamente correto e hipócrita que se vive já a essa "Weltanschauung", e poderá vir a agravar-se. Nietzsche fala claro, e profeticamente. Só que, felizmente, as profecias (ao menos as políticas: mas parece até que todas) podem ser contrariadas pelas vontade das pessoas. E os piores vaticínios poderão sê-lo se tivermos vontade de preservar a democracia, a liberdade, os direitos, e o Direito moderno, aprofundando-os e não deixando-os …
Open Access: Good For Readers, Authors, And Journals,
2011
University of Kentucky
Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson
Law Faculty Scholarly Articles
Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.
Open Access: Good For Readers, Authors, And Journals,
2011
University of Kentucky
Open Access: Good For Readers, Authors, And Journals, James M. Donovan, Carol A. Watson
James M. Donovan
Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Readers of every kind will have more efficient access to the materials they need to pursue their intellectual and informational goals; authors will see their works read and cited by a broader audience; and law reviews and journals can raise their own profiles without injuring their revenue streams from fee-based sources. Open access works for everyone, and is the future of information creation and distribution.
Implementing Bepress' Digital Commons Institutional Repository Solution: Two Views From The Trenches,
2011
University of Georgia School of Law Library
Implementing Bepress' Digital Commons Institutional Repository Solution: Two Views From The Trenches, Carol A. Watson, James M. Donovan, Pamela Bluh
Carol A. Watson
Librarians from the University of Georgia Law Library and University of Maryland Law Library will discuss their experiences implementing Digital Commons' institutional repository product. Issues to be considered includes... - Creating a business plan to persuade law school administrators to establish an institutional repository -- how to justify the expenditure, distinguishing Digital Commons from SSRN, choosing Digital Commons rather than an open source solution - Obtaining content for the repository -- promoting the repository, building buy-in from contributors, establishing content policies, determining types of materials to be included in the repository, self-archiving versus mediated archiving - Copyright permissions -- appending …
Book Review: The Prison Library Primer: A Program For The Twenty-First Century,
2011
University of Georgia School of Law Library
Book Review: The Prison Library Primer: A Program For The Twenty-First Century, Carol A. Watson
Carol A. Watson
Book review of THE PRISON LIBRARY PRIMER: A PROGRAM FOR THE TWENTY-FIRST CENTURY, by Brenda Vogel (Lanham, Md.: Scarecrow Press, Inc., 2009). This work is a well-organized, thorough, and practical guide to administering libraries in correctional facilities. Vogel, a veteran librarian with more than twenty-five years of first-hand experience as the coordinator for the Maryland Correctional Education Libraries, has written extensively on the topic of prison libraries. While her knowledge and experience lend credence to The Prison Library Primer’s content, Vogel’s unwavering commitment to an often-overlooked community of library patrons makes the book truly inspiring.
Southeastern Association Of Law Libraries Annual Meeting,
2011
University of Buffalo Law Library
Southeastern Association Of Law Libraries Annual Meeting, Beth Adelman, Constance Ard, Jan Baker, John Beatty, Erika Beck, Jennifer Behrens, Billie J. Blaine, Pamela Bluh, Elizabeth D. Bradsher, Pam Brannon, Kevin Butterfield, Charlene Cain, Sean Chen, Terrye Conroy, Jessica De Perio Wittman, Marin Dell, James M. Donovan, Maureen A. Eggert, Robb Farmer, Elizabeth Farrell, Vicen Feliu, Sarah Glassmeyer, Suzanne R. Graham, Ismael Gullon, Edward T. Harte, Christine Heaton, James Heller, Sally Irvin, Kate Irwin-Smiler, Faye Jones, David Lehmann, Andrew Lentini, Terry Long, Shannon L. Malcolm, Terrance Manion, Roxanne Marmion, Katherine Marsh, Sarah Mauldin, Rebekah Maxwell, Pamela R. Melton, Marian Parker, Merryl Penson, Gordon Russell, James C. Smith, Dick Spinelli, Kay Todd, Robert T. Trotter, Carol A. Watson, Julie Webster-Matthews, Laura Weidig, Sarah K. Wiant, Patrick Wiseman
Carol A. Watson
The 2009 SEAALL Annual Meeting was held in Athens Georgia, April 16-18, 2009.
Forecast For The Future: Emerging Legal Technologies,
2011
University of Georgia School of Law Library
Forecast For The Future: Emerging Legal Technologies, Carol A. Watson
Carol A. Watson
Begins by discussing technologies that are currently available on the web that can reduce office overhead. Also highlights current general technology trends and still-developing technologies. Concludes with a list of frivolous gadgets to provide food for thought about the coming prospects of technology.
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues,
2011
Boston College Law School
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
David A. Wirth
To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues. …
At War With The Environment,
2011
Boston College Law School
At War With The Environment, David A. Wirth
David A. Wirth
In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.
2011 Presentation: Law Firm Research Results For New Attorneys,
2011
University of Detroit Mercy School of Law
2011 Presentation: Law Firm Research Results For New Attorneys, Patrick Meyer
Patrick Meyer
This presentation summarizes results from the author's 2010 law firm legal research survey, which determined what research functions, and in what formats, law firms require new hires to be proficient. This survey updates the author's 2009 article that is available at this site and which was based on this author's earlier law firm legal research survey. See also the accompanying 2011 draft article on this site.
Open Access: Good For Readers, Authors, And Journals,
2011
University of Georgia School of Law Library
Open Access: Good For Readers, Authors, And Journals, Carol Watson, James M. Donovan
Articles, Chapters and Online Publications
Readers, authors, and even law journal publishers will all achieve their different but related interests by adopting open access principles. Open access works for everyone, and is the future of information creation and distribution.
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy,
2011
Boston College Law School
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
