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Santa Clara Magazine, Volume 42 Number 4, Spring 2001, Santa Clara University

Santa Clara Magazine

3 - EL SOL SHINED IN 1968 STUDENT ELECTIONS By Adam Breen. During the 1968 campus elections, an electrical engineering student felt the student body was too apathetic, so he ran for dictator to spur interest. He could have been king, but instead had himself "assassinated " for a greater cause.

12 - DOUBLE LIVES By Susan Vogel. An economic boom in Silicon Valley created opportunities, jobs, and wealth-but those who work here often can't afford to live here. What are employees and employers doing about it?

16 - THE GLACIER PRIEST By Jeff Kunkel. Bernard Hubbard, S.J., was more …

The U Of O'S Greatest Grad, Maurice James Holland

Maurice James Holland (1984-1985 Acting; 1986 Acting)

After leaving the Indiana University School of Law in 1986, Maury Holland became the dean at the University of Oregon School of Law. He stepped down as Oregon’s dean in 1992 and continued teaching until his retirement in 2008. Holland died in 2020.

On March 13, 2001, Holland delivered the following lecture to the Round Table of Oregon. The lecture profiles University of Oregon Law Alumni Yosuke Matsuoka, who received his law degree in 1910 and went on to serve as a Japanese diplomat and the country’s Minister of Foreign Affairs.

The Religious Land Use And Institutionalized Persons Act Of 2000 (Rluipa): A Valid Exercise Of Congressional Power?, Shawn Jensvold

Brigham Young University Journal of Public Law

No abstract provided.

Cures To The Enigmatic Taliban Plague: Legal And Social Remedies Addressing Gender Apartheid In Afghanistan, Talya Friedman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle

Loyola University Chicago Law Journal

No abstract provided.

Santa Clara Magazine, Volume 43 Number 3, Winter 2001, Santa Clara University

Santa Clara Magazine

4 - UNIVERSITY RESPONDS TO TRAGEDY By SCM Staff. The September terrorist attacks had many repercussions at SCU, including the loss of at least two members of the University family.

12 - BEERS AND DOGS By Adam Breen. English Professor Terry Beers and his wife, Melissa '88, MBA '95, spend many early mornings sledding with their eight huskies.

14 - CALIFORNIA DREAMERS By Susan Vogel. Three current SCU students were dreaming of college long before many people do, thanks to dedicated mentors from the I Have A Dream Foundation .

Their Own Prepossessions - The Establishment Clause, 1999-2000, Leslie C. Griffin

Loyola University Chicago Law Journal

No abstract provided.

Defining “Church” In American Law, Michael S. Ariens

Faculty Articles

Balancing the autonomy of religious organizations against regulatory laws remains both a difficult and hotly contested issue. It is helpful to survey labor, property, tax, and education laws to illustrate the tensions between religion and government in American law.

Labor law cases show the autonomy of religious organizations concerning governmental regulations through the National Labor Relations Act and Title VII. In regard to church property, the government has an interest in regulating how religious organizations buy and sell land, run day care centers and food kitchens, raise and borrow money, commit torts, and enter into contracts. Section 501(c)(3) of the …

Pink Slip Introduction, Dena S. Davis

Journal of Law and Health

What has changed however, is the degree of worry and concern that people feel about the uses to which their genetic information can be put. When the HGP (Human Genome Project) began, a number of pundits were convinced that the "future knowledge" that genetic information can deliver to consumers and insurers alike would completely undermine the practice of private health insurance, and send our current system crashing to the ground. Needless to say, that has not happened; but with 42 million Americans currently without health insurance, and with insurance tightly entwined with employment, many people fear that genetic information will …

Jews, Christians, Lawyers, And Money, Thomas L. Shaffer

Journal Articles

Years ago, when I was the resident guru in legal ethics at Washington and Lee University, in the little mountain town of Lexington, Virginia, a reporter from the daily newspaper in Roanoke asked me to identify the most serious ethical issue for American lawyers. My answer: "Money."

Part of that answer reflected the fact that American lawyers make about twice as much money as lawyers in other "developed" countries. And American lawyers make, on the average, fifty percent more than average Americans do. (Reference to averages and means here do not reflect how steep the incline is from the middle …

A Claim For Third Party Standing In America's Prisons, N. Jeremi Duru

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Stability And Development In Canon Law And The Case Of "Definitive" Teaching, Ladislas M. Örsy

Georgetown Law Faculty Publications and Other Works

Stability is an essential quality of any good legal system because a community's laws are an expression of its identity, and there is no identity without permanency. Many times we hear in the United States that we are a country held together by our laws. Although the statement cannot be the full truth, it is obvious that if our laws ever lost their stability, the nation's identity would be imperiled. In a religious community where the source of its identity is in the common memory of a divine revelation, the demand for stability is even stronger. Fidelity to the "Word …

Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin

Scholarly Works

No abstract provided.

The Free Exercise Clause: How Redundant, And Why?, Daniel O. Conkle

Articles by Maurer Faculty

This article responds to Professor Mark Tushnet's article, "The Redundant Free Exercise Clause?" Although its analysis and specific conclusions are distinctive, the article reaches a general conclusion similar to Tushnet's - namely, that the contemporary Free Exercise Clause is largely redundant, in that it provides little protection that is not afforded independently by other First Amendment doctrines. The article first contends that the core principle of the contemporary Free Exercise Clause, the nondiscrimination requirement of Employment Division v. Smith, might be subsumed, perhaps entirely, within the free speech principle that disfavors content discrimination. To that extent, the Free Exercise Clause …

Religious Organizations And The Death Penalty, Robert F. Drinan

William & Mary Bill of Rights Journal

Over the past several years, many questions have been raised concerning the application and effectiveness of the death penalty. Ironically, the Catholic Church, a long-time supporter of the death penalty, has become one of the most vocal critics of the death penalty. In this Essay, Father Robert F. Drinan documents the Church's new-found opposition to the death penalty, and discusses the influence the Church will have on the future of the death penalty.

Vol. 19, No. 08 (October 13, 2000)

Indiana Law Annotated

No abstract provided.

Santa Clara Magazine, Volume 42 Number 2, Fall 2000, Santa Clara University

Santa Clara Magazine

10 - I WANT MY IPO! By Susan Vogel. With so much venture capital available out there, why do women have to sprint to catch up with men in the race for funding?

14 - ON THE THRESHOLD OF A NEW ERA By George F. Giacomini, Jr. A long-time SCU professor offers his opinion of the most pivotal moments in the University's 150-year history, from wars to the admission of women.

18 - OF HEADHUNTERS AND SOLDIERS By Renato Rosaldo. Living with a headhunting Filipino tribe taught this author to be open to the possibility that other cultures have valid, …

Law Review Digests

The Journal of Law and Education

No abstract provided.

Santa Clara Magazine, Volume 42 Number 1, Summer 2000, Santa Clara University

Santa Clara Magazine

8 - ATTACK OF THE KILLER TOMATOES? By Miriam Schulman. Beyond the hype of the headlines, there are no simple answers to the ethical questions raised by genetically modified food.

14 - BRAVE NEW WORLD By Tamara Straus. Now the lawyers want inside your head as they struggle to answer, "Who owns an idea?" Just the mere question is changing the face of legal education.

18 - THE GREAT GRADE GIVEAWAY By Jeff Zorn. Today's grades don't mean jack. So says one Santa Clara professor in this memoir and commentary on the evils of modern day grade inflation.

22 - …

Faithful, Gary L. Gill-Austern

Journal of Dispute Resolution

The term "facilitative mediation" reminds me of the term "Old Testament." As we Jews from time to time have reminded Christians, the Jewish people call their canon the Tanakh, or, in English, the Hebrew Scriptures. That the same thirty-nine books - Genesis, Exodus, and so on - are labeled "Old Testament" by others indicates that another (later) religious community believes that an event occurred that requires what came before to be interpreted through the prism of an intervening event or reality. For Christians, this is expressed in the New Testament. Returning, then, to the current discussion, it takes a partisan …

Santa Clara Magazine, Volume 41 Number 4, Spring 2000, Santa Clara University

Santa Clara Magazine

10 - THE IMPORTANCE OF REMEMBERING By Tamara Straus. On the I0-year anniversary, Santa Clara looks back at the Jesuit murders in El Salvador and finds a lasting legacy for the campus community.

16 - 64 MILLIONAIRES A DAY By Susan Vogel. Are they savvy or stingy? The wealthy in Silicon Valley are taking a new approach to philanthropy, but are they giving their fair share?

20 - EDUCATING FOR LIFE AND LEADERSHIP Santa Clara University is just months away from launching its year-long 150th anniversary celebration. Here's a preview of the five major sesquicentennial events.

Mt. Healthy And Causation-In-Fact: The Court Still Doesn't Get It!, Sheldon Nahmod

Mercer Law Review

Over fifteen years ago, I argued in a prior edition of my section 1983 treatise that the second burden-shift part of the Mt. Healthy test, articulated by the Supreme Court in 1977, should go only to damages and not to liability. I also argued that this causation-in-fact rule should not be limited to Mt. Healthy-type First Amendment employment cases, but should apply to constitutional damages actions generally and equal protection cases in particular. I remain convinced that both aspects of this position are normatively sound, even if no longer good law, in light of the Court's end-of-the-millennium decision in …

Ipos On The Internet: The Need For The Next Step, Daniel M. Weisenfeld

UC Law SF Communications and Entertainment Journal

This note examines the SEC's reaction to initial public offerings (IPOs) on the Internet during the late 1990's, explores benefits and concerns associated with IPOs in the Internet generally, and suggests ways in which the SEC should respond to such Internet IPOs. The author suggests that it is advisable for the SEC, given the likely continued increase in the use of the Internet for investment purposes, to step in and preempt state regulation of Internet IPOs, thereby giving smaller companies an increased opportunity to raise capital.

Mass Incarceration: Perspectives On U.S. Imprisonment, Randolph N. Stone

Articles

No abstract provided.

The Path Of American Religious Liberty: From The Original Theology To Formal Neutrality And An Uncertain Future, Daniel O. Conkle

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

"We Do Not Preach, We Teach.": Religion Professors And The First Amendment, Leslie C. Griffin

Scholarly Works

No abstract provided.

Exclusive Or Concurrent Competence To Make Medical Decisions For Adolescents In The United States And United Kingdom , Robert L. Stenger

Journal of Law and Health

Medical decision-making is one area where drawing and applying a single defining line between childhood and adulthood has proven difficult. Each society determines how it will allocate decision-making authority with respect to children. This article will address how such allocations have been developed in the United States and the United Kingdom. An analysis of the capacity of an adolescent to make decisions remains incomplete without some consideration of the role of parent(s) and of the government. It is precisely here that recent developments in the United Kingdom may provide helpful guidance in the United States.

Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.

International Perspective, Douglass Cassel

Journal Articles

I don't think it's accurate to say this panel has six experts on incarceration. I think we really have five experts and one dilettante. I know a bit about international human rights law. I am not an expert on prisons and I am overwhelmed by the expertise and the statistics that we've just received and about which I hope to learn a great deal more. So I apologize to you in advance for supplying nothing more than impressions of the international realities of incarceration. I will then skip quickly ahead to the law.

Free Exercise, Federalism, And The States As Laboratories, Daniel O. Conkle

Cardozo Law Review

No abstract provided.