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Grandparent Childcare In Illinois, Jeffrey A. Parness, Deven Tlanda Feb 2019

Grandparent Childcare In Illinois, Jeffrey A. Parness, Deven Tlanda

College of Law Faculty Publications

In 2002 in Wickham v. Byrne, the Illinois Supreme Court recognized that in "most cases, the relationship between a child and . . . grandparents is a nurturing, loving relationship that provides a vital connection to the family's history and roots." Yet, it also said that given the "fit parent's constitutionally protected liberty interest to direct the care, custody, and control of his or her children . . . parents - not judges -should . . . decide . . . with whom their children will associate." Thus, the "human conflict" between parents and grandparents was found to have "no …

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The Value Of Insider Control, Benjamin Means Feb 2019

The Value Of Insider Control, Benjamin Means

Faculty Publications

According to conventional wisdom, insider control of businesses is detrimental to the interests of non-controlling investors. Family-run businesses, in particular, are seen as nepotistic and inefficient. Yet, commentators have overestimated the dangers of insider control and overlooked its potential benefits for all stakeholders. Controlling owners have a personal stake that gives them reason to identify with their business and to adopt responsible business practices capable of creating lasting value. A stewardship model of insider control helps explain the continuing vitality of family businesses as well as the success of recent public offerings by Facebook, Google, and Snapchat involving low-vote or …

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Constraint And Control, Patricia Ayres Feb 2019

Constraint And Control, Patricia Ayres

Theses and Dissertations

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.

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Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head Feb 2019

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

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January 29, 2019: How To Save American Democracy, Bruce Ledewitz Jan 2019

January 29, 2019: How To Save American Democracy, Bruce Ledewitz

Hallowed Secularism

Blog post, “How to Save American Democracy“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

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Conception And Features Of Governmental Authority, M. I. Raximova Jan 2019

Conception And Features Of Governmental Authority, M. I. Raximova

Central Asian Problems of Modern Science and Education

The governmental authority is the most important attribute of the state, vested with the power of state management. In the modern society, oriented on democracy, the state power based on the principles of democracy under the principle of peoples' sovereignty. It's source is not a divine will and not the charismatic features of the governor, but the peoples' sovereignty. It's will expressed in the state constitution, determines the character of state power and its implementation forms. In this article, the author analyzes the concept, features and core of governmental authority

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Building Bridges Across Curricular And Status Lines: Gender Inequity Throughout The Legal Academy, Kristen K. Tiscione, Melissa H. Weresh Jan 2019

Building Bridges Across Curricular And Status Lines: Gender Inequity Throughout The Legal Academy, Kristen K. Tiscione, Melissa H. Weresh

Journal of Legal Education

No abstract provided.

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The Law Of War: A Detailed Assessment Of The U.S. Department Of Defense Law Of War Manual, Jeffrey Biller, William H. Boothby, Wolff Heintschel Von Heinegg Jan 2019

The Law Of War: A Detailed Assessment Of The U.S. Department Of Defense Law Of War Manual, Jeffrey Biller, William H. Boothby, Wolff Heintschel Von Heinegg

Naval War College Review

No abstract provided.

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What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz Jan 2019

What Has Gone Wrong And What Can We Do About It?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

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What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz Jan 2019

What Is The Best Model For Investigating Presidential Wrongdoing Today?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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Age, Time, And Discrimination (Forthcoming), Alexander Boni-Saenz Jan 2019

Age, Time, And Discrimination (Forthcoming), Alexander Boni-Saenz

All Faculty Scholarship

Discrimination scholars have traditionally justified antidiscrimination laws by appealing to the value of equality. Egalitarian theories locate the moral wrong of discrimination in the unfavorable treatment one individual receives as compared to another. However, discrimination theory has neglected to engage seriously with the socio-legal category of age, which poses a challenge to this egalitarian consensus due to its unique temporal character. Unlike other identity categories, an individual’s age inevitably changes over time. Consequently, any age-based legal rule or private discrimination will ultimately yield equal treatment over the lifecourse. This explains the weak constitutional protection for age and the fact that …

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Should Owner Motivation Limit The Exercise Of Property Rights?, Gregory M. Stein Jan 2019

Should Owner Motivation Limit The Exercise Of Property Rights?, Gregory M. Stein

Scholarly Works

No abstract provided.

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Prospective Student Information Booklet (2018-19), Florida State University College Of Law Jan 2019

Prospective Student Information Booklet (2018-19), Florida State University College Of Law

Prospective Student Information Booklets

Booklet containing curriculum and course information for future law students.

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One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr Jan 2019

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.

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A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz Jan 2019

A Call For America’S Law Professors To Oppose Court-Packing, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz Jan 2019

How State Courts Can Help America Recover The Rule Of Law: The Pennsylvania Experience, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

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Judicial Education, Private Violence, And Community Action: A Case Study In Legal Participatory Action Research, Kristin (Brandser) Kalsem Jan 2019

Judicial Education, Private Violence, And Community Action: A Case Study In Legal Participatory Action Research, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

In this Article, I present a case study of a legal PAR project involving judicial training on best practices in domestic violence cases. This judicial education project started over coffee and waffles, involved an award-winning documentary film Private Violence, and resulted in the training of more than 375 judges on best practices developed from two years of collaborative research conducted by a community action group. In 2014, I coauthored an article titled It's Critical: Legal Participatory Action Research with my colleague Emily Houh. In this piece, we introduced legal scholars to the field of PAR, including its origins, complementary relationship …

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John The Theologian: Towards Integrating Law And Religion, Gordon Butler Jan 2019

John The Theologian: Towards Integrating Law And Religion, Gordon Butler

Intercultural Human Rights Law Review

Every dean leaves an impact on the law school they serve and its faculty. St. Thomas Law Dean Makdisi supported and encouraged Professor Siegfried Wiessner's effort in creating an LL.M. program in Intercultural Human Rights. While others will laud his many accomplishments as dean in the J.D. program, his impact on the religious heritage and Catholic mission of St. Thomas Law was greatest in the LL.M. program.

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Professionalism For Law Teachers: Lessons Learned From John Makdisi, Daniel B. Bogart Jan 2019

Professionalism For Law Teachers: Lessons Learned From John Makdisi, Daniel B. Bogart

Intercultural Human Rights Law Review

I believe that there are valuable lessons to be learned from the way John approaches life as a teacher and the way that his life as a scholar affects his work as an educator. With that in mind, I intend to use this essay as an opportunity to reflect on what I might term "academic professionalism." John's approach to his professional life serves as an extraordinarily convenient model on which to base a few, important rules.

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John Makdisi On The Intercultural Origins Of The Common Law, Marc-Tizoc Gonzalez Jan 2019

John Makdisi On The Intercultural Origins Of The Common Law, Marc-Tizoc Gonzalez

Intercultural Human Rights Law Review

In this Essay, I pay homage to John Makdisi on the occasion of his retirement. Since joining the St. Thomas Law faculty in 2011, I have esteemed him as one of the law school's senior Property Law professors, yet-truth be told-at times also felt intimidated by him for his deep knowledge of the subject, particularly present estates and future interests, coupled with his serious demeanor, penetrating gaze, and cogent arguments at faculty meetings. 4 Especially during tenuretrack faculty reviews of my teaching, I worried that my relative inexperience in teaching the subject might cause me to commit an embarrassing error. …

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Doing Well By Being Good: How U.S. Labor Law Encourages Employer Good Faith Behavior, Douglas E. Ray Jan 2019

Doing Well By Being Good: How U.S. Labor Law Encourages Employer Good Faith Behavior, Douglas E. Ray

Intercultural Human Rights Law Review

This essay will discuss ways in which that duty of good faith bargaining is enforced and how a series of decisions by the courts and the National Labor Relations Board designed to increase employer power and flexibility have inadvertently encouraged and compelled employers to bargain in good faith by conditioning use of their most powerful weapons on their participation in good faith bargaining. The presence of economic weapons held in reserve is a powerful negotiating lever and an employer which has forfeited the ability to use weapons such a permanent striker replacement, lockout, and unilateral change will have substantially less …

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The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi Jan 2019

The Transformation Of Marriage As A State Institution, John Makdisi, June Mary Zekan Makdisi

Intercultural Human Rights Law Review

The first section of this essay explores why the good of children requires the institution of marriage to promote the procreation of children by the act of physical-spiritual love between a man and a woman. The second section explores why the good of children requires the institution of marriage to promote the upbringing of children by the lasting, exclusive, and faithful commitment of the couple. The third section explains why Obergefell's removal of the requirement of a legal union between a man and a woman as an essential aspect of marriage not only destroys the function of the marriage institution …

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Differing Schools Of Thought: Changing Perceptions Of Oral Argument, Spencer D. Levine Jan 2019

Differing Schools Of Thought: Changing Perceptions Of Oral Argument, Spencer D. Levine

St. Thomas Law Review

In this paper I will examine the changing perceptions of oral argument, as well as examine and review the data provided by the Office of State Courts Administrator ("OSCA") for Florida's appellate courts. Their data summarized the dispositions of all appeals in Florida from 2011 to 2015. The dispositions are separated between those cases disposed by oral argument and those cases disposed without oral argument. From this research, we can observe whether this data comports with the changing perceptions of oral argument. If there is a divergence in views, one may attempt to determine why. Is it rooted in the …

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Are Administrative Law Judges Officers Of The State: Constitutional Considerations In The Selection And Tenure Of Administrative Law, Eric H. Miller Jan 2019

Are Administrative Law Judges Officers Of The State: Constitutional Considerations In The Selection And Tenure Of Administrative Law, Eric H. Miller

St. Thomas Law Review

One of the hallmarks of the Florida Administrative Procedure Act is the creation of a pool of hearing officers independent from any agency or the direct control of any political figure. Since its substantial revision in 1974, the statute has always provided for the selection and hiring of administrative law judges ("ALJ") by the Director of the Division of Administrative Hearings. ALJs hear almost every type of case, from licensure denials to environmental permitting challenges. In most cases, the ALJ weighs the evidence and legal arguments before recommending findings of fact, conclusions of law, and proposed final disposition to the …

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Mandatory Arbitration Of Sexual Assaults In Maritime Law, Andrew Bratslavsky Jan 2019

Mandatory Arbitration Of Sexual Assaults In Maritime Law, Andrew Bratslavsky

St. Thomas Law Review

This Comment discusses the emergence of mandatory arbitration clauses in seafarer employment contracts, and how these clauses impact cases of sexual assault. Part II will trace the origin of arbitration, the history of seafarer rights and remedies, a Supreme Court decision that opened the door to arbitration of sexual assaults, and its progeny in the Eleventh Circuit. Finally, Parts III and IV will suggest solutions to address the issue presented in this Comment. With that in mind, this Comment does not aim to disparage or discredit arbitration at large. Arbitration, when mutually agreed to, can be an effective means of …

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Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino Jan 2019

Florida's Direct File Statute: A Prosecutor's Playground, Kristen Chirino

St. Thomas Law Review

This Comment will examine the advantages and disadvantages of direct file statutes, focusing primarily on Florida. Part II of this Comment analyzes the three different types of waiver-judicial, legislative, and prosecutorial-and discusses Florida's juvenile transfer laws, specifically Florida's direct file statute. Part III discusses the issues stemming from Florida's direct file statute, particularly that the statute is arbitrary, does not deter crime, increases recidivism, and goes against the Supreme Court finding that juveniles are different from adults. Lastly, Part IV proposes to eliminate discretionary prosecutorial direct file, and how the Florida Legislature can limit prosecutors' discretionary power in the meantime.

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Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler Jan 2019

Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler

St. Thomas Law Review

This Comment seeks to evaluate the current legal landscape surrounding animal cruelty laws, with a specific focus on Desmond's Law and O.R.C. § 2931.18. Connecticut's new law has placed a spotlight on an area of the law which has not been given the priority it so desperately needs. Animal cruelty is a type of interpersonal violence that does not occur in isolation, and placing more importance on animal cruelty laws can help prevent violence against humans. First, this Comment will provide a history of animal rights laws around the globe, followed by a detailed discussion of why animal abuse issues …

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Florida Needs To Protect Grandma & Grandpa, Jessica A. Alvarez Jan 2019

Florida Needs To Protect Grandma & Grandpa, Jessica A. Alvarez

St. Thomas Law Review

This Comment discusses how amending Florida Senate Bill 896 ("S.B. 896") to incorporate more specific language regarding who can consent to electronic monitoring devices in the residents' rooms will help it pass and become part of Section 400.022, Florida Statutes." Part II will examine the current law in Florida and the attempts to amend it. Part III will explain that allowing electronic monitoring devices is in the best interest of both the resident and the nursing home, and will touch upon issues regarding expectations of privacy." Lastly, Part IV proposes to change the language of S.B. 896 so that it …

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Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini Jan 2019

Welcome To Trump's Ice Age: Violations Of Undocumented Immigrants' Fourth Amendment Rights During Workplace Raids, Gianni Piantini

St. Thomas Law Review

This Comment addresses the implications of ICE agents violating Fourth Amendment rights of undocumented immigrants who have been unreasonably seized during workplace raids. Part II discusses how the Fourth Amendment protections extend to the workplace, as well as the influence of ICE on immigration law and how the Fourth Amendment applies in the immigration context. Part IH addresses how Trump's antiimmigrant oratory has encouraged ICE to conduct workplace raids, which result in egregious violations of the Fourth Amendment. Part III further addresses the effect of the holding in Delgado on workplace raids and how ICE has conducted the raids in …

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Celest Newsletter, Issue 1, 2019, Faculty Of Law University Of Malaya Jan 2019

Celest Newsletter, Issue 1, 2019, Faculty Of Law University Of Malaya

Archival Material (2010s)

No abstract provided.

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