Digital Commons Network^™

Mishandling The Current Crisis, Bruce Ledewitz

Ledewitz Papers

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

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz

Ledewitz Papers

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

Reflections On The American And Talmudic Death Penalty, Bruce Ledewitz

Ledewitz Papers

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

The Nova Lawyer, 1993, Volume 7, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

The Nova Lawyer, 1993, Volume 7, Number 3, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

No Punishment Without Cruelty, Bruce Ledewitz

Ledewitz Papers

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

Could The Death Penalty Be A Cruel Punishment?, Bruce Ledewitz

Ledewitz Papers

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

Euthanasia Versus Advance Directives: New Options Facing The Terminally Ill, Michael J. Miller

Brigham Young University Prelaw Review

Many people are fearful that if they become terminally ill, they will end up on life support, trapped from malting their own decision to live or die. As a result of this fear, proponents of active euthanasia, or mercy killings, are increasing. One proponent of active euthanasia, Dr. Jack Kevorkian, has taken the idea of mercy killings to new extremes. During the past three years, he has assisted in the suicide deaths of fifteen terminally ill patients (Reuters 1993, 6[A]). Others, who believe that mercy killings are wrong, favor passive euthanasia. They believe the terminally ill should have the right …

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

St. Thomas Law Review

No abstract provided.

Mediation: A Systemic Alternative To Litigation For Resolution Of Church Employment Disputes, J. Michael Fitzgerald, Lynne M.L. Fitzgerald

St. Thomas Law Review

The Catholic Church is a multi-layered system composed of people, as well as entities (e.g., corporations, partnerships, etc.), many of which have been created in an American civil law model. They include, but are not limited to: local parish churches, schools, newspapers, radio and television stations, hospitals, nursing homes, cemeteries, hospices and credit unions. By necessity they employ people to carry out their functions. Disputes can and do arise between these employers and their employees. It has been proposed that methods which are compatible with the conciliatory ways of the Church can be implemented in resolving such disputes. Specifically, this …

42 U.S.C. 1983: Private Defendants Up A Creek Without A Paddle After Wyatt V. Cole, June M. Galkoski

St. Thomas Law Review

This Comment evaluates the desirability of protecting private defendants who are subjected to Section 1983 liability by virtue of good faith reliance on presumably valid, remedial statutes. Such protection could involve a good faith and/or probable cause defense, or additional pleading burdens for the Section 1983 plaintiff. Section I discusses the facts and reasoning in the recent Wyatt case, as well as the risks it portends for private citizens and attorneys alike who resort to the legal property seizure process--namely property seizure statutes. The Wyatt Court focused on historical analogy, legislative purpose and public policy in determining whether to recognize …

Haitian Interdiction On The High Seas: A U.S. Policy Of Bias And Inconsistency, Juan C. Montes

St. Thomas Law Review

No abstract provided.

Superpower Extraterritorial Abduction: The Alvarez-Machain Case, Loubna W. Haddad

St. Thomas Law Review

It can safely be said that the United States is a world leader and is looked upon by other nations as champion in world affairs. Recently, however, in United States v. Alvarez-Machain, the United States sent a message to the nations of the world that it is permissible for one nation to violate international law through incursions on the territorial sovereignty of other nations. Furthermore, the Court established that the rules set out in an extradition treaty will not control the United States' conduct. In United States v. Alvarez-Machain, Humberto Alvarez-Machain, a Mexican national, was forcibly kidnapped from Mexico by …

The Wall On A Straw Foundation: The Mythical Wall Vs. The Reality Of Controlled Intertwinement, Luciano L. Lama

St. Thomas Law Review

No abstract provided.

Diversity And Discrimination In Our Midst: Musings On Constitutional Schizophrenia, Cultural Conflict, And 'Interculturalism' At The Threshold Of A New Century, Francisco Valdes

St. Thomas Law Review

This essay argues that the 1990s pose a postponed but inescapable challenge: the fulfillment of the nation's historic commitment to liberty/ equality ideals for all Americans, regardless of race/ethnicity, sex/gender, economic class or sexuality/sexual orientation. In pursuing this argument, this essay traces the historical and jurisprudential continuities regarding (non)liberty/(in)equality that has plagued the American constitutional order from inception to the present, and then focuses on current controversies. Part I sketches a brief history of the liberty/ equality and non-liberty/inequality cross-traditions embedded into American law and society at the nation's genesis in order to show how the cross-traditions work at cross-purposes …

Punitive Demolition Of Houses: A Study In International Rights Protection, John Quigley

St. Thomas Law Review

With the United States ratification in 1992 of the International Covenant on Civil and Political Rights, issues of international rights protection have assumed a new importance. U.S. lawyers asserting rights for a client must know not only the state and federal constitutions, but also the standards that have developed by treaty and by international custom. The latter body of law applies in international fora to which a case may be taken, and may be relevant in U.S. courts. Human rights law is of recent origin and is only slowly making its way into law school curricula. Prior to the adoption …

From The Constitutionality Of Juvenile Curfew Ordinances To A Children's Agenda For The 1990'S: Is It Really A Simple Matter Of Supporting Family Values And Recognizing Fundamental Rights, Michael Jordan

St. Thomas Law Review

No abstract provided.

Specter Of A Lesbian Supreme Court Justice: Problems Of Identity In Lesbian Legal Theorizing, Ruthann Robson

St. Thomas Law Review

The specter of a lesbian Supreme Court Justice raises an issue that has troubled lesbian and political theory, the issue of identity politics. Any invocation of identity, political or otherwise, provokes postmodernist apprehension, an apprehension that has been particularly potent in sexual identities. Also as a sexual identity, lesbian identity evokes other postmodernist-influenced issues. Particularly problematic are lesbian identity's unintelligibility until claimed or avowed and lesbian identity's uncertain classification as an identity status or a sexual act. This Article will interrogate the predicaments posed by identity politics, including postmodernist questionings of identity and the identity/ activity dichotomy, concluding with some …

Pus, Pox, Propaganda And Progress: The Compulsory Smallpox Vaccination Controversy In Utah, 1899-1901, Eric L. Bluth

Theses and Dissertations

This thesis examines the compulsory smallpox vaccination controversy in Utah, 1899-1901. It looks at the two smallpox epidemics during 1899-1901 and follows the boards of health attempts to eradicate smallpox primarily by compelling the vaccination of school children.

Dr. Theodore B. Beatty, secretary of the State Board of Health, championed the effort to vaccinate all Utahns; however, the opposition led by Charles W. Penrose, editor of the Deseret Evening News, produced anti-compulsion and vaccination information which influenced Utahns to generally oppose vaccination. Consequently, the legislature passed an anti-compulsory vaccination statute over the governor's veto to annul the courts decision …

China And Gatt: Accession Instead Of Resumption, Ya Qin

Law Faculty Research Publications

No abstract provided.

From The Civil Law Doctrine To The Reasonable Use Theory And From The Frontier Thesis To Community Action: Flood Control In Las Vegas, Nevada, 1905-1976, James L Scholl

UNLV Retrospective Theses & Dissertations

Flood control has long been a major problem for southwestern boom towns, and Las Vegas was no exception. From its birth in 1905 until the mid 1970s, the "Civil Law Doctrine" was the legal concept used by courts and residents to settle disputes over drainage problems; This paper will argue that the court's decision to change the guiding legal principle from the Civil Law Doctrine to the Reasonable Use Rule in Nevada ended the frontier viewpoint of individualism and replaced it with a new spirit of communal action. The legal revolution, along with a series of events tied to the …

A Primer On Kentucky Intestacy Laws, Carolyn S. Bratt

Law Faculty Scholarly Articles

Some form of inheritance has existed since ancient times. The biblical story of Esau, who sold his birthright to his younger brother Jacob for a mess of potage, demonstrates the long-standing recognition of inheritance rights. Although the United States Constitution does not explicitly guarantee to the owner of property a right to transmit that property upon death to another person, the United States Supreme Court has held that a total abrogation of the right of inheritance without the payment of just compensation is unconstitutional.

Every state has a system of inheritance created by statute and by case law. State inheritance …

Reconciling The Abortion Choice: A Look At Legal And Societal Interests, Tom Gaylord '94

Undergraduate Review

No abstract provided.

Designating Male Parents At Birth, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

It is becoming increasingly difficult to determine the legal parentage of newborns and infants. Although it may be clear who bore a child, whose sperm was involved in conception, to whom a new mother was married at the time of conception, pregnancy, and birth, and which medical personnel helped to facilitate a pregnancy, it is unclear how these facts should affect the determination of a child's legal parentage. Recently, a great deal of national debate has centered around the parenting consequences of births involving surrogates and same-sex marriages. This Essay addresses a topic less frequently discussed-the legal designation of male …

A Note To Our Readers, The Editors

Touro Law Review

No abstract provided.

Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter

Law and Contemporary Problems

It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.

Pensions And Passivity, Gregory S. Alexander

Law and Contemporary Problems

The corporate pension system as a mode of owning pooled capital is examined as a new stage of passive ownership. Passive ownership disaggregates beneficial property rights away from ownership's control and management functions.

History Of The Foreign Lawyer In Japan, Patrick Duffin

Brigham Young University Prelaw Review

The foreign lawyer in Japan has enjoyed periods of relative freedom to practice law as well as being subject to rigid restrictions limiting the accessibility of the legal market. The focus of this paper will be the significant events in the history of the foreign lawyer in Japan from the first influences of Western law in the late 1800's to the 1986 Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers.

Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton

American Indian Law Review

No abstract provided.

Darkness Made Visible: Law, Metaphor, And The Racial Self, D. Marvin Jones

Articles

No abstract provided.