Digital Commons Network^™

Japan's Evolving Military: East Asia, The United States, And The International System, Kelly Therese Fink

Seton Hall University Dissertations and Theses (ETDs)

.

International Education: Impact Of The European Union's Bologna Agreement On U.S. Higher Education, Graciela Helguero-Balcells

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Since September 11, 2001 there has been a growing realization within the United States that in order to achieve better instruments to strengthen national security, compete and be successful within the global community, it has become vital to look at the American educational system which, according to some critics, presently is lacking the international elements in order to do so. With the advent of the educational reforms in Europe (Bologna Agreement, June 19,1999), those nations that have embraced more uniformity amongst themselves have concluded that competition in the global market has made it imperative to make changes in the academic …

Only Skin Deep: The Cost Of Partisan Politics On Minority Diversity Of The Federal Bench: Why Care Whether Judges Look “Like America” If, Because Of Politics, A “Voice Of Color” Has Become A “Whisper Of Color”?, Sylvia R. Lazos

Scholarly Works

This article explores the difficulties encountered in diversifying the federal bench and why the partisanship of the confirmation process decreases the diversity of viewpoints on the bench. Presidents value diversity in nominating judges. While Bill Clinton and George W. Bush had very contrasting political styles and judicial philosophies, the judges appointed by these two presidents now account for almost 80% of the current active federal minority judges. There has been progress in the area of descriptive diversity; currently 18% of the active federal bench is made up of minority judges according to data compiled from the Judicial Center. However, there …

Against Legislation: Garcetti V. Ceballos And The Paradox Of Statutory Protection For Public Employees, Ruben J. Garcia

Scholarly Works

In Garcetti v. Ceballos, the Supreme Court denied constitutional protection to a deputy prosecutor named Richard Ceballos. In reaching its decision, the Court pointed to the plethora of statutory protections that were available to government whistleblowers. A closer examination of these statutory alternatives reveals that they will not protect Ceballos. This is the paradox of statutory protection in labor and employment law-more sometimes is less for vulnerable workers.

This Article places the Garcetti case in the historical trajectory of worker protection—from no protection to statutory protection. This Article argues for a move toward constitutional and international protection …

Advocate Abridged (Winter 2008), Lewis & Clark Law School

The Advocate

No abstract provided.

Perelman In Legal Education: Recalling The Rhetorical Tradition Of Isocrates And Vico, Francis J. Mootz Iii

Scholarly Works

This paper was presented on October 14, 2008 as part of a panel addressing "The Influence of Perelman in Legal Philosophy" at a conference hosted by the Perelman Center for the Philosophy of Law, Free University of Brussels.

I argue that Perelman's philosophy is connected with legal practice, but that he never made the connections between his philosophy and legal education explicit. I refer to the work of Isocrates and Vico, and conclude that Perelman's philosophy can teach us much about contemporary legal education as we strive to address the questions raised by the Carnegie Report.

Interpretation, Francis J. Mootz Iii

Scholarly Works

In this chapter from "Law and the Humanities: An Introduction," published by Cambridge University Press, I first survey various theoretical approaches to interpretation, including natural law, analytical legal positivism, law as communication (originalism, intentionalism, and new textualism), and the hermeneutical turn. I then discuss the role of interpretation in contract law, statutory law and constitutional law, to situate the theories in practice.

The Irrelevance Of Contemporary Academic Philosophy For Law: Recovering The Rhetorical Tradition, Francis J. Mootz Iii

Scholarly Works

This short paper appears in a volume of original essays, On Philosophy in American Law (Francis J. Mootz III ed., Cambridge Univ. Press 2009). I argue that the undeniable rift between philosophy and law is more than a simple dichotomy of theory and practice. Instead, the sharp distinction between philosophy and law occurred when both disciplines built insular guilds that employed distinctive vocabularies to distinguish themselves from rhetoric, and it is by returning to their roots in rhetoric that philosophy and law might find their common ground in the elucidation of rhetorical knowledge.

Incidental Findings: A Common Law Approach, Stacey A. Tovino

Scholarly Works

Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher’s disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal duty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be mapped with reference to common law doctrine, including fiduciary, tort, contract, and bailment theories of liability.

The Impact Of Neuroscience On Health Law, Stacey A. Tovino

Scholarly Works

Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.

Vico, Llewellyn And The Task Of Legal Education, Francis J. Mootz Iii

Scholarly Works

Legal education fails students by not appreciating the rhetorical basis of legal reasoning and argumentation. I draw from Vico's "On the Study Methods of Our Time" and Llewellyn's legal realism; both argued that law and legal reasoning are exemplary sites of rhetoric. I suggest that contemporary cognitive studies of the metaphorical structure of human understanding and the initiatives of the "new legal realism" carry forward the insights of Vico and Llewellyn. This re-orientation corrects the shallow and instrumentalist outlook of most lawyers.

Beyond Cardboard Clients In Legal Ethics, Katherine R. Kruse

Scholarly Works

This Article argues that the construction of cardboard clients in legal ethics has disserved legal ethics by obscuring what is arguably a more central problem of legal professionalism: the problem of legal objectification. The problem of legal objectification is the tendency of lawyers to "issue-spot" their clients as they would the facts on a blue-book exam, overemphasizing the clients' legal interests and minimizing or ignoring the other cares, commitments, relationships, reputations and values that constitute the objectives clients bring to legal representation. This Article proposes an alternative ideal of legal professionalism for "three-dimensional clients" based on helping clients articulate and …

After The Battle Of The Forms, Francis J. Mootz Iii

Scholarly Works

Commercial parties continue to fight the battle of the forms, but electronic contracting is quickly rendering this practice obsolete. In this article I assess the legal landscape for commercial parties after the battle of the forms. In Section I, I briefly describe the (relatively) settled law under U.C.C. § 2-207. I then describe how these rules permit commercial parties to erect a force-field to protect themselves from being subjected to unwanted terms, and the developments in web-based contracting and recent case law applying contract formation principles to electronic contracting. Finally, I discuss how the growth of electronic contracting will eliminate …

In Re Gault And The Promise Of Systemic Reform, Katherine R. Kruse

Scholarly Works

The right to counsel for juveniles in delinquency cases that the Supreme Court declared in In re Gault can be seen as an effort at systemic reform - a purposeful alteration of the structure, procedure, or resources of a law-administering system that aims to better align the system's operation with the principles or ideals on which it is based. Although the Court articulated the benefits of counsel in terms of individual representation, juvenile defenders are increasingly called upon to expand their role to include broader forms of advocacy aimed at reforming juvenile justice system practice and procedure. The predominant stakeholder …

A Comprehensive Study To Determine The Elements And Scope Of Convictions For Aiding And Abetting, As Illustrated By Case Law From The International Criminal Tribunals, Katharine Gibson

War Crimes Memoranda

No abstract provided.

"Instigation" In International Criminal Law, Louis David Coddon

War Crimes Memoranda

No abstract provided.

“Planning” Under International Criminal Law Specifically Addressing The Legal Elements And The Scope Of The Term To “Plan” A Crime Under International Criminal Law., Sara Mahmoud-Davis

War Crimes Memoranda

No abstract provided.

Can The Mass Starvation And Denial Of Medical Services To Those Held In Involuntary Detention Constitute Genocide, Crimes Against Humanity, Or Grave Breaches Of The Geneva Convention? And What Level Of Foreseeability Is Necessary To Hold Policy Makers Liable For Starvation And Illness?, Sheronda M. Lawson

War Crimes Memoranda

No abstract provided.

Extraordinary Chamber For The Cambodian Courts, Eccc, Crimes Against Humanity As Customary International Law In 1975 And The Evidentiary Threshold For Discriminatory Intent, Corey Harkey

War Crimes Memoranda

No abstract provided.

Legal Classification And Status Of Forced Recruits Over The Age Of Fifteen Years Old: Are Forced Recruits Enslaved Within The Meaning Of International Law Or Do They Fall Within A Different Legal Classification (Namely, Civilian Or Combatant)?, Brin Thaxton Anderson

War Crimes Memoranda

No abstract provided.

Regarding State Owned Resources, Or In The Alternative, Resources In Which The State Has The Primary Or Superior Interest - Would Exploitation Of Such Resources Constitute Pillage As That Term Is Defined In International Criminal Law? And Would Such Conduct Be A Crime Against Humanity As It Is A State Owned Resource, Or A Resource In Which The State Has The Primary Or Superior Interest?, Michael Mcgregor

War Crimes Memoranda

No abstract provided.

Should The Extraordinary Chambers In The Courts Of Cambodia Be Allowed To Admit Evidence Of The Khmer Rouge’S Command Structure That Was Obtained From The Torture Of Prisoners At Tuol Sleng, Alexander Laytin

War Crimes Memoranda

No abstract provided.

The Adequacy Of Uganda’S War Crimes Court, Gadeir Abbas

War Crimes Memoranda

No abstract provided.

The Development Of International Aiding Or Abetting Jurisprudence Since World War Two Specifically Addressing The Argument That High-Up Government Officials May Be Held Guilty For Aiding Or Abetting Crimes By Omission, So Long As Such Omission Satisfies The Basic Elements Of Aiding Or Abetting., Zachary David Gilliland

War Crimes Memoranda

No abstract provided.

The Status Of The Crime Of Genocide, In Cambodia And Under Customary International Law, In 1975 Specifically Addressing Whether Or Not Genocide Was A Crime In Cambodia In 1975 And Whether Or Not It Was A Crime Under Customary International Law. Also, Whether The Language Differences Between Article 4 Of The Eccc Statute And The Convention On The Prevention And Punishment Of The Crime Of Genocide Could Have Consequences On Prosecutions Before The Eccc., Lynn Greening

War Crimes Memoranda

No abstract provided.

Under The Doctrines Of Joint Criminal Enterprise And Command Responsibility, What Is Deputy Secretary Nuon Chea’S Potential Criminal Liability For Ordering And Failing To Prevent, Halt, And Punish Violations Of International Humanitarian Law?, Megan Mccarthy

War Crimes Memoranda

No abstract provided.

Were The Offenses Described In Article 5 Of The Eccc Statute Part Of The Customary International Law In 1975? And What Is The Evidentiary Threshold Of The Discriminatory Intent For Crimes Against Humanity Described In The Chapeau Of Article 5 Of The Eccc Statute?, Geoffrey M. Dureska

War Crimes Memoranda

No abstract provided.

What Is The Law On Duress Under International Criminal Law (Icl)? Is It A Defence (Full Or Partial)? If Not, What Effect Does It Have In Mitigating Culpability?, Josephina S.R. Manifold

War Crimes Memoranda

No abstract provided.

Motivation And The Placebo Response : Predicting Non-Specific Therapeutic Benefits From The Concordance Of Therapeutic Rituals With High-Level Goals, Ben Whalley

School of Psychology Theses

Predicting individual differences in placebo responding has proved hard. Predictions from dispositional or personality variables are unreliable for two reasons: first, because dispositional predictions fail to account for situational variability, and second, because the dimensions identified in popular dispositional models are inter-individual variables, and may not map on to intra-individual structures and processes involved in placebo effects. This thesis describes a new psychological mechanism of placebo responding—motivational concordance—which links placebos with established research on human values and goal-striving. Progress towards goals, particularly goals which are self-actualising, is associated with positive emotional states. Findings presented here support the view that when …

Unbundling Property In Water, Sandra B. Zellmer, Jessica Harder

Faculty Law Review Articles

The United Nations Intergovernmental Panel on Climate Change predicts that, in the foreseeable future, climate change will exacerbate water problems worldwide. In the United States, we are likely to see more severe flooding, more frequent droughts, and a rush to secure legal rights to water supplies. Sustainable management of water resources for present and future generations will become all the more imperative as we face increasing pressure on limited supplies. The quest for sustainable management has stimulated a movement for greater recognition of private property rights to attain efficient use and allocation of water. The World Bank and the International …