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Articles 1 - 9 of 9
Full-Text Articles in Law
Class Of 2004 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Class Of 2004 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law
Incoming 1L Photos (Facebooks)
Photographs of incoming law students for the St. Mary’s University School of Law, class of 2004
Defining “Church” In American Law, Michael S. Ariens
Defining “Church” In American Law, Michael S. Ariens
Faculty Articles
Balancing the autonomy of religious organizations against regulatory laws remains both a difficult and hotly contested issue. It is helpful to survey labor, property, tax, and education laws to illustrate the tensions between religion and government in American law.
Labor law cases show the autonomy of religious organizations concerning governmental regulations through the National Labor Relations Act and Title VII. In regard to church property, the government has an interest in regulating how religious organizations buy and sell land, run day care centers and food kitchens, raise and borrow money, commit torts, and enter into contracts. Section 501(c)(3) of the …
A Guide To Resources On Careers In Foreign And International Law, Robert H. Hu
A Guide To Resources On Careers In Foreign And International Law, Robert H. Hu
Faculty Articles
Law librarians are often asked by law students and even practicing attorneys, “How do I begin a career in foreign and international law practice?” The student or attorney asking this question frequently is seeking recommendations for books, articles, or other information resources on the topic. The same situation arises in a law school’s career services office. For these reasons, a guide has been compiled to help law librarians and placement officials assist individuals who are interested in pursuing career opportunities in foreign and international law practice.
This guide is divided into four sections: Perspectives on International Law Practice, Membership Organizations, …
The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan
The Word And The Law, By Milner S. Ball (Book Review), Emily A. Hartigan
Faculty Articles
Milner Ball’s The Word and the Law has become a widely quoted work, and has already taken its place in the continuing tale of law and religion. The text presents itself in typical Ball fashion: richly and eloquently written, densely noted with weighty references, alive with stories and the voices of those with whom Ball has conversed.
A striking innovation in this book is Ball’s creation of a space in his text for the stories of those who are both his peers and not his peers, giving over the “pulpit” to women, edgy Jews, and Native Americans, all of whom …
Building Democracies With Southern Command’S Legal Engagement Strategy, Jeffrey F. Addicott, Guy B. Roberts
Building Democracies With Southern Command’S Legal Engagement Strategy, Jeffrey F. Addicott, Guy B. Roberts
Faculty Articles
Fostering democracies and encouraging military establishments, which are subject to the rule of law, is vital to United States national security interests. In this regard, the American warfighting unified commands mirror the overall U.S. national security policy of peacetime engagement, not only by maintaining close contacts with friendly governments for the purpose of imparting democratic ideals and principles, but by focusing this commitment to support new democracies through detailed engagement plans.
U.S. Southern Command’s engagement plan for Latin America creates a “community of democratic, stable, and prosperous” nations. This plan also provides a blueprint for democracy-building in the context of …
Distinguishing The Concept Of Strict Liability For Ultra-Hazardous Activities From Strict Products Liability Under Section 402a Of The Restatement (Second) Of Torts: Two Parallel Lines Of Reasoning That Should Never Meet, Charles E. Cantú
Faculty Articles
Strict liability for ultra-hazardous activities is entirely different from strict products liability. Since strict liability has been applied to so-called dangerous or ultra-hazardous activities, the application has been limited to instances where the defendant has, for his own purpose, created an abnormal risk of harm to those surrounding him, and therefore should pay for any resulting injury. Section 520 of the Restatement (Second) of Torts explains how one weighs the risk of harm emanating from ultra-hazardous activities against the appropriateness to its surroundings. This is not, however, how one determines the applicability of strict liability in the area of defective …
Church-State Constitutional Issues: Making Sense Of The Establishment Clause And That Godless Court?: Supreme Court Decision On Church-State Relationships (Book Reviews), Michael Ariens
Faculty Articles
No abstract provided.
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories, Laura H. Burney
Interpreting Mineral And Royalty Deeds: The Legacy Of The One-Eighth Royalty And Other Stories, Laura H. Burney
Faculty Articles
Mineral and royalty deeds are notoriously difficult to interpret. Courts complicate the interpretive process in at least two ways. First, they produce opinions that fail to appreciate and explain unique oil and gas concepts. Second, they render deed records unreliable. A variety of title problems flow from this instability. However, a common trait is frequently encountered: the influence of the one-eighth royalty provision typically used for decades in oil and gas leases. Unfortunately, courts have failed to acknowledge this influence. For this reason, title litigation will continue to loom under the legacy of the one-eighth royalty, and title examiners will …
The Useful Life Defense: Embracing The Idea That All Products Eventually Grow Old And Die, Charles E. Cantú
The Useful Life Defense: Embracing The Idea That All Products Eventually Grow Old And Die, Charles E. Cantú
Faculty Articles
To date, no jurisdiction has adopted the useful life defense as part of its common law. Perhaps the time has come to reconsider this position and accept the logical consequences of such a defensive concept. At some point, natural deterioration, rather than a defect in design, manufacturing, or marketing, is the cause of a plaintiff’s injury. Combining the useful life defense with the reasonable expectation theory removes the burden of uniformly determining when a given product is legally dead. The reasonable expectations doctrine places the responsibility for determining the useful life of a product where it belongs—in the hands of …