Digital Commons Network^™

Integrating Service-Learning Pedagogy: A Faculty Reflective Process, Carmen Carracelas-Juncal, Jenny Bossaller, Gallayanee Yaoyuneyong

Faculty Publications

Research on service-learning has focused mainly on student outcomes. However, this study addresses the transformative change that three faculty members from different disciplines experienced during a semester-long fellowship on service-learning as a pedagogical method. Through their personal reflections, the authors show how service-learning and the scholarship of teaching were intertwined as they engaged in course redesign. This experience went beyond creating an academic service-learning course to transforming the teachers into reflective practitioners actively engaged in systematically improving their teaching practice.

The Great Bailout Of 2008-09, Frederick Tung

Faculty Scholarship

My task today is to talk about the financial crisis. I only have a short time to talk, so rather than try to give you a comprehensive analysis of events, I'm going to offer some of my own idiosyncratic takes on what has been happening. In addition, I will introduce my own small reform proposal for regulating bank risk taking. So, I'll give you a little bit of news, a little bit of weather, a little bit of everything.

Where are we now? Let us begin with a statement Henry Paulson made six months ago while Bear Steams was getting …

Practitioners Beware: Under Amended Trap 47, Unpublished Memorandum Opinions In Civil Cases Are Binding And Research On Westlaw And Lexis Is A Necessity., Andrew T. Solomon

St. Mary's Law Journal

In 2003 and 2008, the Texas Rule of Appellate Procedure (TRAP) 47 was amended. TRAP 47 is the rule which governs the issuance, citation, and precedential value of unpublished and memorandum opinions. The 2003 amendment was designed to make the law more readily available by prohibiting the issuance of unpublished opinions in civil cases and authorizing memorandum opinions in place of unpublished opinions. Despite its intention, the 2003 amendment failed to make civil case law more readily available. This is because such new opinions are only available via electronic repository, such as Westlaw or Lexis. As a result, to completely …

Professional Malpractice In A World Of Amateurs., Thomas D. Morgan

St. Mary's Law Journal

Clients experience the speed at which the world changes, both technologically and socially. They expect lawyers to keep pace. The technology which permits lawyers to deliver legal services faster also chains lawyers to their electronic devices. This technology has also led to a growing market of those who promise to do the same work faster, better, and cheaper. Such developments will ultimately affect how lawyers view professional malpractice or the way the industry understands “competence and diligence normally exercised by lawyers.” The malpractice question becomes: to what standard of care and competence should such “amateur” lawyers be held? The legal …

Could Government Speech Endorsing A Higher Law Resolve The Establishment Clause Crisis., Bruce Ledewitz

St. Mary's Law Journal

The Establishment Clause crisis exists due to the Supreme Court’s promise that America would have a secular government—meaning one which was neutral between religion and irreligion, as well as being neutral to all religions. This promise evolved pursuant to the Supreme Court’s interpretation of the Establishment Clause. Nevertheless, the commitment to neutrality was never carried to fulfillment by the Court. The crisis may be illustrated by Congress’ addition of the words “under God” to the Pledge of Allegiance in 1954. This addition seemed to violate the promise of neutrality made by the Supreme Court in Everson v. Board of Education …

Of Lies And Disclaimers - Contracting Around Fraud Under Texas Law., Robert K. Wise, Andrew J. Szygenda, Thomas F. Lillard

St. Mary's Law Journal

The Texas Supreme Court has failed to provide a bright-line test in determining whether reliance disclaimers are enforceable. A reliance disclaimer is a provision in a contract that disclaims all extra-contractual representations and provides that the contracting parties are not relying on any such representations. By including a reliance disclaimer, a contracting party may be attempting to immunize itself from liability for false statements made during negotiations. Even if a contracting party’s misrepresentations or non-disclosures were made with fraudulent intent, Texas law gives contracting parties broad freedom to contract around misrepresentation claims. In Forest Oil Corp. v. McAllen, the Texas …

Judge William Wayne Justice: A Life Of Human Dignity And Refractory Mules Tribute., Albert H. Kauffman

St. Mary's Law Journal

Judge Wayne Justice had a deep impact on the lives of many people and was an unyielding advocate who protected the rights of all U.S. citizens. Many of the Judge’s orders and consent decrees forced Texas to comply with more stringent federal requirements in education and health care and had a far reaching effect across the nation. Judge Justice presided over Doe v. Plyler that ensured the benefit of public education for the children of undocumented immigrants. In United States v. Texas, Judge Justice required that the Texas Education Agency monitor school district actions and policies to assure that they …

Prescribing A Balance: The Texas Legislative Responses To Sell V. United States., Brian D. Shannon

St. Mary's Law Journal

In Sell v. United States, decided in 2003, the United States Supreme Court addressed the question of “whether the Constitution permits the Government to administer antipsychotic drugs involuntarily to a mentally ill criminal defendant – in order to render that defendant competent to stand trial for serious, but nonviolent crimes.” The Court concluded that the Constitution does permit doing so “in limited circumstances…upon satisfaction of conditions” that the Court delineated. This Article will first address the Court’s parameters for determining when the administration of antipsychotic medications on an involuntary basis is permissible. The remainder of the Article, however, will discuss …

The Yearning For Zion Raid And Its Impact On Texas Child Welfare Cases: How A Botched Rescue Effort Exposed A Need To Refocus Efforts On Effective Service Plans Comment., Shannon K. Dunn

St. Mary's Law Journal

The raid of the Yearning for Zion ranch exposed fundamental flaws in the operation of the Texas Department of Children and Family Services (the Department). In the raid, the Department took custody of 468 children without a court order and removed them from their homes. This is one of the most glaring examples of the Department’s disregard for the Texas Family Code. Subchapter B of section 263 of the Texas Family Code mandates for the creation and implementation of a comprehensive service plan whenever the Department removes a child from his home. The Department, however, failed to create service plans …

Investment Claims And Arbitrator Comportment, William W. Park

Faculty Scholarship

Thomas Wälde had such a curious mind that any speculation about his favorite object of inquiry might best be left to the other side of eternity. Without doubt, however, arbitration of investment claims held a special place among the subjects that engaged his intellect. Such arbitration supplied what he called ‘external adjudicatory discipline‘ to investor-state relations, enhancing the rule of law, human rights and cross-border economic cooperation. The proposition that arbitration disciplines investment begs an inquiry into the forces that discipline the arbitrators themselves. Quis custodiet ipsos custodies? What standards constrain the comportment and mindsets of those who make the …

Answering The Millennium Call For The Right To Maternal Health: The Need To Eliminate User Fees, Margaux J. Hall, Aziza Ahmed, Stephanie E. Swanson

Faculty Scholarship

Complications during childbirth and pregnancy are a main source of death and disability among women of reproductive age. Approximately 536,000 women die from pregnancy-related complications each year. Developing countries suffer most profoundly, accounting for 99% of deaths. The world's nations, by endorsing U.N. Millennium Development Goals, recognized that most deaths are preventable; they have pledged to reduce maternal mortality by 75% by 2015. This Article assesses the barriers presented by user fees - formal charges for health services still charged by many countries - to the attainment of MDGs. It shows that user fees hamper healthcare access, particularly in emergency …

Volume 42 Issue 2 (2009), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

International Human Rights Law And Security Detention, Doug Cassel

Case Western Reserve Journal of International Law

No abstract provided.

Administrative Detention In Armed Conflict, Ashley S. Deeks

Case Western Reserve Journal of International Law

No abstract provided.

Foreword, Michael P. Scharf, Gwen Gillespie

Case Western Reserve Journal of International Law

No abstract provided.

Practical Challenges Of Implementing The Complementarity Between International Humanitarian And Human Rights Law - Demonstrated By The Procedural Regulation Of Internment In Non-International Armed Conflict, Laura M. Olson

Case Western Reserve Journal of International Law

No abstract provided.

Security Detention, Terrorism, And The Prevention Imperative, John Mcloughlin, Gregory P. Noone, Diana C. Noone

Case Western Reserve Journal of International Law

No abstract provided.

Security Detention - United Kingdom Practice, Dominic Mcgoldrick

Case Western Reserve Journal of International Law

No abstract provided.

A New System Of Preventative Detention - Let's Take A Deep Breath, Jennifer Daskai

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 40 Issue 3 (2009)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 40 Issue 3 (2009), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: Combating Terrorist Financing, Richard Gordon, Christyn Rossman

Case Western Reserve Journal of International Law

No abstract provided.

Time To Reexamine Regulation Designed To Counter The Financing Of Terrorism, Richard Barrett

Case Western Reserve Journal of International Law

No abstract provided.

The Demise Of The U.N. Economic Sanctions Regime To Deprive Terrorists Of Funding, Jimmy Gurule

Case Western Reserve Journal of International Law

No abstract provided.

Reaching Beyond Banks: How To Target Trade-Based Money Laundering And Terrorist Financing Outside The Financial Sector, Ross S. Delston, Stephen C. Walls

Case Western Reserve Journal of International Law

No abstract provided.

Establishing A Legal Framework For Property Rights To Natural Resources In Outer Space, Sarah Coffey

Case Western Reserve Journal of International Law

No abstract provided.

Giving Bite To The Eu-U.S. Data Privacy Safe Harbor: Model Solutions For Effective Enforcement, Daniel R. Leathers

Case Western Reserve Journal of International Law

No abstract provided.

Masthead, Volume 41 Issue 1 (2009)

Case Western Reserve Journal of International Law

No abstract provided.

Volume 41 Issue 1 (2009), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Ending Impunity For The Crime Of Aggression, Benjamin B. Ferencz

Case Western Reserve Journal of International Law

No abstract provided.