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Just Talking With The Furniture, Emily A. Hartigan 2010 St. Mary's University

Just Talking With The Furniture, Emily A. Hartigan

Faculty Articles

The current social and political situation of the United States is post-modern, post-colonial, post-critical, and post-secular. It is located in a two-party system in which the substantive values of the population are radically fragmented. As such, American social and political culture needs new prospects for conversation, both about and constituting justice, which can cross the vast differences between its members. It is time to enter a discourse on substantive justice in a way that uses the imagined unity of modernist thought as a way station for something both old and new.


Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them, Darren A. Prum 2010 Villanova University Charles Widger School of Law

Green Buildings, High Performance Buildings, And Sustainable Construction: Does It Really Matter What We Call Them, Darren A. Prum

Villanova Environmental Law Journal

No abstract provided.


Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr. 2010 Villanova University Charles Widger School of Law

Stopping Nuclear Power Plants: A Memoir, Louis J. Sirico Jr.

Villanova Environmental Law Journal

No abstract provided.


Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson 2010 Villanova University Charles Widger School of Law

Out Of The Rabbit Hole: The D.C. Circuit Brings The Epa Back From Wonderland In New Jersey V. Epa, J. Brian Hudson

Villanova Environmental Law Journal

No abstract provided.


Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle 2010 Villanova University Charles Widger School of Law

Monumentally Inadequate: Conservation At Any Cost Under The Antiquities Act, Mark Laemmle

Villanova Environmental Law Journal

No abstract provided.


Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey 2010 Villanova University Charles Widger School of Law

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal

No abstract provided.


The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen 2010 Villanova University Charles Widger School of Law

The Mining Of The North: A Review Of Andrew Nikiforuk's Tar Sands: Dirty Oil And The Future Of A Continent, Andrew C. Mergen

Villanova Environmental Law Journal

No abstract provided.


It's Not Easy Green: Metropolitan Taxicab Reveals Hurdles Posed By Federal Preemption To State And Local Environmental Initiatives, Paul Liebeskind 2010 Villanova University Charles Widger School of Law

It's Not Easy Green: Metropolitan Taxicab Reveals Hurdles Posed By Federal Preemption To State And Local Environmental Initiatives, Paul Liebeskind

Villanova Environmental Law Journal

No abstract provided.


Innovation Or Renovation In Criminal Procedure: Is The World Moving Toward A New Model Of Adjudication?, Gerald S. Reamey 2010 St. Mary's University

Innovation Or Renovation In Criminal Procedure: Is The World Moving Toward A New Model Of Adjudication?, Gerald S. Reamey

Faculty Articles

A universal system of criminal procedure offers the allure of efficiency, predictability, and enhanced crime control. For the first time in modern history, universality seems achievable. The criminal procedures employed by the world’s major legal systems are converging. What was once distinctively “civil” or “common law” is now a blend of the two. The adversarial adjudicative approach of most common law countries now can be found in the most unlikely places, and civil law characteristics adorn the processes of some of the world’s most aggressively adversarial systems.

While this movement has not gone unnoticed, the pace of change ...


Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter 2010 St. Mary's University

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2009. The change to Criminal Rule 7 deleted subdivision (c)(2), which required that the indictment include notice that the defendant has an interest in forfeitable property. Criminal Rule 32 now provides that the presentence report state whether the government is seeking forfeiture of property. Criminal Rule 32.2 received six amendments concerning criminal forfeiture. Criminal Rule 41 created a two-step process for seizing and reviewing electronic storage media. Further, of the Rules Governing § 2254 Proceedings, Rule 11 was created to make the ...


Four Critical Tips For Taking Your First Witness, David A. Grenardo 2010 St. Mary's University

Four Critical Tips For Taking Your First Witness, David A. Grenardo

Faculty Articles

There are four crucial tips for a junior attorney examining his or her first witness at trial. One must know the rules, both evidentiary and procedural. Stick to the basics of questioning at trial and the examination will go more smoothly. Something unexpected always happens at trial. Being organized and prepared allows an attorney to deal with those surprises much easier. Finally, think about the trier of fact in every question asked or statement made. Relentlessly search out the opportunity to take a witness at trial. When that opportunity arises, follow these four simple tips to make sure to do ...


Efficacy Of The Obama Policies To Combat Al-Qa’Eda, The Taliban, And Associated Forces—The First Year, Jeffrey F. Addicott 2010 St. Mary's University

Efficacy Of The Obama Policies To Combat Al-Qa’Eda, The Taliban, And Associated Forces—The First Year, Jeffrey F. Addicott

Faculty Articles

In President Obama’s first year in office, he failed in combating al-Qa’eda, the Taliban, and associated forces. President Obama wished to change the perception on the ‘War on Terror’ established by the Bush Administration, but instead created more confusion and frustration in an attempt to change old policies.

Most notably, President Obama refused to irrevocably and sternly tell the American public that the conflict with al-Qa’eda was indeed a war. The Bush Administration’s first action taken after 9/11 was the pronouncement that the United States was at war. President Obama instead referred to the conflict ...


Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy And Procedure, Albert H. Kauffman 2010 St. Mary's University

Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy And Procedure, Albert H. Kauffman

Faculty Articles

Protecting, asserting, and guaranteeing the education rights of minority students will become even more important in the future. Different education civil rights have, in general, gone through four phases: (1) identification and recognition of the right; (2) strong legislative, judicial, and administrative enforcement of the right; (3) developed opposition to the right and judicial, legislative, and administrative inattention or opposition to dilute or ignore the right; and (4) changes in power and enforcement of the right depending on the approach of the courts and administrative agencies.

These phases relate to school finance, Limited English Proficient (“LEP”) student instruction, accent discrimination ...


“Save The Land From Uncle Sam”: Using Life Insurance Premium Financing In Estate Planning, Lee Lytton 2010 St. Mary's University

“Save The Land From Uncle Sam”: Using Life Insurance Premium Financing In Estate Planning, Lee Lytton

Faculty Articles

T

he federal estate tax can be particularly destructive to estates where there is a desire to pass on legacy holdings to succeeding generations. The estate lacks adequate cash for families to pay the resulting taxes. Therefore, life insurance premium financing may help families pay the estate taxes. An estate planning strategy utilizes life-insurance-premium financing that generates a ready cash pool to pay estate taxes is not universally applicable, but it can provide a cost-effective option for legacy preservation.

Life insurance is often used as part of an estate plan to generate and maintain separate cash reserves to pay death ...


Rehabilitating Mental Disorder Evidence After Clark C. Arizona: Of Burdens, Presumptions, And The Rights To Raise Reasonable Doubt, Dora W. Klein 2010 St. Mary's University

Rehabilitating Mental Disorder Evidence After Clark C. Arizona: Of Burdens, Presumptions, And The Rights To Raise Reasonable Doubt, Dora W. Klein

Faculty Articles

The right not to be found guilty of a crime absent proof beyond a reasonable doubt is a powerful right. It can be undermined, however, by rules that at first seem to have little to do with reasonable doubt or with burdens of proof.

In the recent case of Clark v. Arizona, the Supreme Court considered whether states may enact rules that categorically prohibit criminal defendants from offering mental disorder evidence for the purpose of raising reasonable doubt regarding the mens rea element of a charged offense. In Arizona law, mental disorder evidence is inadmissible for the purpose of disproving ...


Diasporic Cultural Citizenship: Negotiate And Create Places And Identities In Their Refugee Migration And Deportation Experiences, Shirley S. Tang 2010 University of Masschusetts Boston

Diasporic Cultural Citizenship: Negotiate And Create Places And Identities In Their Refugee Migration And Deportation Experiences, Shirley S. Tang

Trotter Review

In 2002, the oldest Khmer (Cambodian) American community organization in Massachusetts, the Cambodian Community of Massachusetts (CCM), closed its doors to constituents in the state’s North Shore metro region, where the adjacent gateway cities of Lynn and Revere were home to the country’s fifth-largest concentration of Cambodian Americans, according to the 2000 Census. Founded by Cambodian refugees and their supporters in 1981 as one of the first-generation mutual assistance associations encouraged by the federal Office for Refugee Resettlement, CCM had operate as an ethnic-based, multiservice agency that helped survivors of war and trauma in Cambodia to adjust to ...


Looking Back, Moving Forward: The History And Future Of Refugee Protection, Shauna Labman 2010 Chicago-Kent College of Law

Looking Back, Moving Forward: The History And Future Of Refugee Protection, Shauna Labman

Chicago-Kent Journal of International and Comparative Law

No abstract provided.


Property Rights & The Demands Of Transformation, Bernadette Atuahene 2010 IIT Chicago-Kent College of Law

Property Rights & The Demands Of Transformation, Bernadette Atuahene

All Faculty Scholarship

The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical ...


Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman 2010 IIT Chicago-Kent College of Law

Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman

All Faculty Scholarship

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...


Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody 2010 IIT Chicago-Kent College of Law

Respecting Foundation And Charity Autonomy: How Public Is Private Philanthropy? (Symposium) (With J. Tyler), Evelyn Brody

All Faculty Scholarship

Recent years have seen a disturbing increase in legal proposals by the public and government officials to interfere with the governance, missions, strategies, and decision-making of foundations and other charities. Underlying much of these debates is the premise – stated or merely presumed – that foundation and charity assets are “public money” and that such entities therefore are subject to various public mandates or standards about their structure, operations, and policies. The authors’ experiences and research reveal three “myths” that, singly or collectively, underlie claims that charitable assets are public money. The first myth conceives of charities as shadow governments due to ...


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