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Full-Text Articles in Law

La Personalidad Del Embrión: La Filosofía Ante Los Límites De La Imaginación, Richard Stith Jan 2017

La Personalidad Del Embrión: La Filosofía Ante Los Límites De La Imaginación, Richard Stith

Law Faculty Publications

No abstract provided.


El Derecho A Abortar Implica La Explotación Y El Abandono De Las Mujeres, Richard Stith Oct 2016

El Derecho A Abortar Implica La Explotación Y El Abandono De Las Mujeres, Richard Stith

Law Faculty Publications

No abstract provided.


Rechazos Fundamentales De La Doctina De Roe V. Wade, Richard Stith Oct 2016

Rechazos Fundamentales De La Doctina De Roe V. Wade, Richard Stith

Law Faculty Publications

No abstract provided.


La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith Oct 2016

La Construcción Contra El Desarrollo: Dos Maneras Distintas De Entender La Gestación Humana, Richard Stith

Law Faculty Publications

No abstract provided.


Is The American Criminal Jury System In Criminal Trials Worthy Of Export To Iraq?, Mohammed J. Ailan Jan 2016

Is The American Criminal Jury System In Criminal Trials Worthy Of Export To Iraq?, Mohammed J. Ailan

Law Student Scholarship

The American criminal jury system has a long, ancient history. It went through several stages throughout history until it became a sophisticated institution for educating the American people about the law in their country. Jury duty is one of the privileges of U.S. citizenship. This thesis shows how the criminal justice system currently works in the United States. This paper discusses issues such as the hung jury, the capital jury, checking abuses of power, and jury nullification. This thesis focuses on other countries that have recently adopted the criminal jury system, such as Spain and Russia, after they adopted democracy. …


When Choice Itself Hurts The Quality Of Life, Richard Stith Jan 2016

When Choice Itself Hurts The Quality Of Life, Richard Stith

Law Faculty Publications

“When Choice Itself Hurts the Quality of Life” (how the results of choice may be seen as the fault of the chooser), Human Life Review, vol. XLII, No. 4, Fall 2016. For a more extensive analysis, see "Her Choice, Her Problem: How Having a Choice Can Diminish Family Solidarity", International Journal of the Jurisprudence of the Family, 2 Intl. J. Jurisprudence Fam. 179 (2011)


Where Tradition Meets Innovation: Providing A Practice-Oriented Curriculum, Andrea Lyon Oct 2015

Where Tradition Meets Innovation: Providing A Practice-Oriented Curriculum, Andrea Lyon

Law Faculty Publications

No abstract provided.


Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland Oct 2015

Appellate Court Rules Governing Publication, Citation, And Precedential Value Of Opinions: An Update, David R. Cleveland

Law Faculty Publications

In the mid-1970s, the federal courts of appeals began to issue opinions designated “unpublished” that were not typically published, citable, or accorded any precedential value. Many states followed suit. A great debate ensued questioning the practice, which has consumed considerable academic attention and appellate rulemaking time.1 States continue to vary in their treatment of unpublished opinions and even in the wake of Federal Rule of Appellate Procedure 32.1, intended to provide uniformity, the federal circuits remain inconsistent.


Facing The Unborn, Richard Stith Aug 2015

Facing The Unborn, Richard Stith

Law Faculty Publications

(excerpt) An ultrasound video of an unborn child sucking its thumb makes a case against abortion that reason hardly need supplement. But a zygote photographed just after an in vitro conception is not so easily recognizable as a human being or person. Pro-lifers often assume that this difficulty has been overcome by modern science. Since the 1820s, when evidence of ovular fertilization first became known, it has been clear that the life of a human being runs from conception to death.


Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman Jul 2015

Internet Giants As Quasi-Governmental Actors And The Limits Of Contractual Consent, D. A. Jeremy Telman

Law Faculty Publications

Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put …


The Status Of Nonstatus, Geoffrey Heeren May 2015

The Status Of Nonstatus, Geoffrey Heeren

Law Faculty Publications

No abstract provided.


Valparaiso University Law School Guide To Faculty Publications 1879-2014, Steven Probst Jan 2015

Valparaiso University Law School Guide To Faculty Publications 1879-2014, Steven Probst

Law Faculty Publications

The Valparaiso University Law School Guide to Faculty Publications 1879 – 2014, published on the 135th anniversary of the Law School, intends to provide a comprehensive view of faculty publications throughout the history of the institution. It includes the published books, articles, book chapters, essays, introductions, forewords and book reviews written or edited by the Valparaiso Law School faculty.


Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti Jan 2015

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole Negowetti

Law Faculty Publications

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …


Valparaiso Law: 2015 Annual Review, Valparaiso University Law School Jan 2015

Valparaiso Law: 2015 Annual Review, Valparaiso University Law School

Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)

No abstract provided.


Marriage Pluralism: Taxing Marriage After Windsor, David J. Herzig Oct 2014

Marriage Pluralism: Taxing Marriage After Windsor, David J. Herzig

Law Faculty Publications

No abstract provided.


The Forum (Volume 44, Number 1), Valparaiso University School Of Law Sep 2014

The Forum (Volume 44, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


Food Labeling Litigation: Exposing Gaps In The Fda's Resources And Regulatory Authority, Nicole Negowetti Jun 2014

Food Labeling Litigation: Exposing Gaps In The Fda's Resources And Regulatory Authority, Nicole Negowetti

Law Faculty Publications

No abstract provided.


The Forum (Volume 43, Number 7), Valparaiso University School Of Law May 2014

The Forum (Volume 43, Number 7), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


The Forum (Volume 43, Number 8), Valparaiso University School Of Law May 2014

The Forum (Volume 43, Number 8), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


The Forum (Volume 43, Number 6), Valparaiso University School Of Law Mar 2014

The Forum (Volume 43, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


The Forum (Volume 43, Number 5), Valparaiso University School Of Law Feb 2014

The Forum (Volume 43, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


"Islamic Law" In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty Jan 2014

"Islamic Law" In Us Courts: Judicial Jihad Or Constitutional Imperative?, Faisal Kutty

Law Faculty Publications

No abstract provided.


Review Of Current Scholarship On The Fiscal Cliff, David J. Herzig Jan 2014

Review Of Current Scholarship On The Fiscal Cliff, David J. Herzig

Law Faculty Publications

No abstract provided.


The Intertwined Fates Of Affirmative Action In The Military, Robert Knowles Jan 2014

The Intertwined Fates Of Affirmative Action In The Military, Robert Knowles

Law Faculty Publications

No abstract provided.


Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss Jan 2014

Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss

Law Faculty Publications

No abstract provided.


Judicial Decisionmaking, Empathy, And The Limits Of Perception, Nicole Negowetti Jan 2014

Judicial Decisionmaking, Empathy, And The Limits Of Perception, Nicole Negowetti

Law Faculty Publications

No abstract provided.


Construction Vs. Development: Polarizing Models Of Human Gestation, Richard Stith Jan 2014

Construction Vs. Development: Polarizing Models Of Human Gestation, Richard Stith

Law Faculty Publications

This essay argues that the polarization of our public debate over embryo-destructive research may be due, to a large extent, not to different valuations of individual human life but to different conceptions of the process of gestation, with one group treating the process as a making or construction and the other treating it as a development. These two incompatible models of reproduction are shown to explain the various positions commonly encountered in this debate over the treatment of embryos, and to a significant degree those encountered in the debate over abortion as well. Finally, the historical, theoretical, and intuitive strengths …


Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland Jan 2014

Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland

Law Faculty Publications

No abstract provided.


The Forum (Volume 43, Number 4), Valparaiso University School Of Law Dec 2013

The Forum (Volume 43, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.


The Forum (Volume 43, Number 1), Valparaiso University School Of Law Sep 2013

The Forum (Volume 43, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.