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Faculty News

Sooner Lawyer Archive

No abstract provided.

Mistakes About Intention In The Law Of Bioethics, Michael P. Moreland

Law and Contemporary Problems

No abstract provided.

Foreword, John D. Inazu

Law and Contemporary Problems

No abstract provided.

Boyd Briefs - October 2012, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides monthly information regarding the scholarly and other activities of the faculty of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 45, Number 2, Fall 2012

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Profile: Rob Denicola 4

Potuto Gives Chancellor’s Distinguished Lecture 6

Faculty Notes 8

Berger Receives Tenure 15

Schutz Granted Tenure 21

Shoemaker Joins Faculty 28

Stohs Opens Entrepreneurship Clinic 29

Thimmesch Joins Faculty 30

Feature: Client Counseling Competition Champions 31

Around the College

Bresel Experiences on Capitol Hill 38

Externships 39

Department of Defense Externship 42

Hilgers Joins Career Services 44

Big Ten Law Deans Meet at College 45

Karlan Delivers Lane Lecture 46

Laurin Lectures on Roberts Court 48

Admissions Report 50

Baughman Joins Admissions Office 52

Student Accolades 53

Students Volunteer at Voices …

August 22, 2012: The Sacred Is The Profane, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Sacred is the Profane“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Denying And Defining Religion Under The First Amendment: Waldorf Education As A Lens For Advocating A Broad Definitional Approach, Michael Rhea

Louisiana Law Review

No abstract provided.

2012 Honorable James R. Browning Distinguished Lecture In Law: Today's Supreme Court, General William K. Suter

Montana Law Review

Today's Supreme Court

Two-Way Translation: The Ethics Of Engaging With Religious Contributions In Public Deliberations, Jeremy Waldron

Mercer Law Review

Our topic for this Symposium panel is "Citizenship and Civility in a Divided Democracy: Political, Religious, and Legal Concerns." It is a topic that can be approached in the abstract or through a case study. I am going to proceed with a case study, involving the work of one of Mercer University's most distinguished scholars and public thinkers, University Professor and Professor of Christian Ethics, David Gushee. But the discussion will become abstract before very long.

I. AN EVANGELICAL DECLARATION AGAINST TORTURE

In March 2007, an organization called Evangelicals for Human Rights issued a document entitled An Evangelical Declaration Against …

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

Legislation and Policy Brief

In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …

Today's Supreme Court, William K. Suter

Browning Symposia & Lectures

The Montana Law Review was honored to have General William K. Suter deliver the 2012 Honorable James R. Browning Distinguished Lecture in Law on April 12, 2012. Each year since 2002, the Browning Lecture has brought distinguished lawyers, scholars, and judges from across the country to The University of Montana School of Law. As Clerk of the Supreme Court of the United States, General Suter’s lecture furthered that tradition. As its namesake indicates, the Browning Lecture honors the Honorable James R. Browning, formerly of the United States Court of Appeals for the Ninth Circuit. Judge Browning, who passed away in …

Restoring Restitution To The Canon, Douglas Laycock

Michigan Law Review

The Restatement (Third) of Restitution and Unjust Enrichment brings clarity and light to an area of law long shrouded in fogs that linger from an earlier era of the legal system. It makes an important body of law once again accessible to lawyers and judges. This new Restatement should be on every litigator's bookshelf, and a broad set of transactional lawyers and legal academics would also do well to become familiar with it. Credit for this Restatement goes to its Reporter, Professor Andrew Kull. Of course his work benefited from the elaborate processes of the American Law Institute, with every …

Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti

Pepperdine Law Review

No abstract provided.

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

Articles

In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …

Senses Of Sen: Reflections On Amartya Sen’S Ideas Of Justice, César Arjona, Arif A. Jamal, Carrie Menkel-Meadow, Victor V. Ramraj, Francisco Satiro

Faculty Papers & Publications

This review essay explores how Amartya Sen’s recent book, The Idea of Justice, is relevant and important for the development and assessment of transnational theories and applications to transnational justice and legal education programs. The essay captures a trans-jural dialogue of multinational scholars and teachers, discussing Sen’s contributions to moral justice theory (criticizing programs for “transcendental institutionalism” (like Rawlsian theory) and instead focusing on “comparative broadening” including empirical, relative, and comparative assessments of programs to ameliorate injustice in the world in its comparative concreteness (as in Indian social justice theory and Adam Smith’s Theory of Moral Sentiments and related …

Santa Clara Magazine, Volume 54 Number 1, Summer 2012, Santa Clara University

Santa Clara Magazine

14 - BELLA VITA By Ron Hansen M.a. '95. After 66 years, Professor Victor Vari is retiring. He's imparted to generations of Santa Clara students an understanding of Italian language and culture-and how to live a beautiful life.

18 - THE SPORTING LIFE By Ann Killion. From when women first arrived on the Mission Campus 50 years ago and athletics was a dirty word-to internationally known programs and penalty shots heard 'round the world.

20 - RESPECT THE GAME By Britt Yap. They've been national champs and the subject of dreams-may-cometrue movies. But in the beginning, they were women who …

The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito

Washington International Law Journal

Lawyers who practice before Islamic courts play a crucial role in framing and presenting the issues for decision and in mediating between the courts that apply Islamic law and the public who have recourse to the state’s official Islamic legal institutions, but research on the professional training and governance of these lawyers is almost entirely lacking at present. This article offers a descriptive overview of the training, work, and professional regulation of Islamic lawyers in contemporary Indonesia. This material is presented in a clear format, structured to highlight key aspects of how these lawyers are trained, accredited, and organized. In …

Religious Consumers And Institutional Challenges To American Public Schools, Aaron J. Saiger

Faculty Scholarship

The paradigm of American K–12 education is shifting as the institution of local educational polities, each responsible for own its 'common schools,' faces competition from programs of school choice. Although charter schools and related reforms are generally studied in terms of quality and equity, the rise of consumer sovereignty as an alternative to political sovereignty as an organizing principle for educational governance has much wider ramifications. Paradigms of choice have already begun dramatically to alter religious education and its relationship to public schooling. Moreover, because these paradigms rely upon consumer preferences and the aggregation of those preferences by markets, the …

Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …

Cross-Dressers With Benefits: Female Combat Soldiers In The United States And Israel, Pamela Laufer-Ukeles

University of Baltimore Law Review

No abstract provided.

Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu

Scholarship@WashULaw

This essay is the special editor's introduction to a forthcoming symposium in Law & Contemporary Problems that explores the work of theologian Stanley Hauerwas and its implications for law and legal scholarship. Although not well-known in the legal academy, Hauerwas is an important scholar and public intellectual who has written scores of books and hundreds of articles, been named "America's Best Theologian" by Time Magazine, and delivered the prestigious Gifford Lectures. He has arguably “articulated the most coherent and influential political theology in and for the North American context” and has been “at the forefront of major transformations in theology” …

Preface To Vol. 10, John Shuford

Journal of Hate Studies

I am pleased to offer you Volume 10 of the Journal of Hate Studies (JHS), which is devoted to the theme “Hate and Political Discourse.” This is, in many ways, a special volume, and 2012-2013 is a special year too. We celebrate the 125th Anniversary of Gonzaga University, the Centennial Anniversary of the Gonzaga University School of Law, the 15th Anniversary of the Institute for Hate Studies, and the 10th Anniversary of the JHS. We mark these special occasions with the present volume and a special symposium held in Washington, DC in September 2012 to accompany this volume.

Richmond Law Magazine: Winter 2012

Richmond Law Magazine

Features:

Courage and Independence

How Shall the Constitution be Enforced?

Law Weekend 2011

Justice for All

No History, No Certainty, No Legitimacy . . . No Problem: Originalism And The Limits Of Legal Theory, Gary S. Lawson

Faculty Scholarship

Professor Martin H. Redish is on the warpath. Like General Sherman marching toward Atlanta (or Justin Tuck marching toward Tom Brady), Professor Redish, together with Matthew Arnould,1 lays waste to every constitutional theory that he encounters. Originalism, with its “belief that constitutional interpretation should be characterized exclusively by an effort to determine the Constitution’s meaning by means of some form of historical inquiry,”2 generates “an often contrived and opaque veil of historical inquiry”3 that provides “an ideal smokescreen behind which judges may pursue their personal[,] moral, political[,] or economic goals with relative impunity.”4 Nontextual theories, for their part, “permit[] selective …

Teaching And Learning Islamic Law In A Globalized World: Some Reflections And Perspectives, Shaheen Sardar Ali

Journal of Legal Education

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Fall 2011-Winter 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson

BYU Law Review

No abstract provided.

Continuing The Great Work: A Tribute To Thomas Berry, Patrick E. Tolan Jr.

Environmental and Earth Law Journal (EELJ)

Continuing the Great Work: A Tribute to Thomas Berry

by Patrick Tolan

Profound scholar and author, Father Thomas Berry, recognized and related human destiny to the destiny of the universe. In his book, The Great Work: Our Way into the Future, and in his teaching, Berry challenged humanity to enter into a new era in harmony with the universe. This article is a tribute to Thomas Berry, recognizing the importance of his contribution to a new and emerging field of Earth Jurisprudence and launching an Earth Jurisprudence and Environmental Justice Journal that will afford thinkers and scholars the opportunity to …

Once More With Feeling: Getting The Story Of Religion And Law Straight, Winnifred Fallers Sullivan

Tulsa Law Review

No abstract provided.

Religious Truth, Pluralism, And Secularization: The Shaking Foundations Of American Religious Liberty, Daniel O. Conkle

Cardozo Law Review

No abstract provided.