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The Forum (Volume 39, Number 4), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Forum (Volume 39, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Scope Of The Second Amendment Right – Post-Heller Standard Of Review, Ivan E. Bodensteiner

Law Faculty Publications

This article addresses an important issue not decided by the Court in Heller, i.e., the size or scope of the Second Amendment right identified in that case. Heller is a victory for those opposed to gun control legislation, but it could turn out to be a limited victory, depending on the standard of review adopted to decide Second Amendment challenges to gun control laws. I argue the Court should adopt a heightened rational basis standard that rewards an enlightened legislative process and gives deference to the laws that result from this process. Gun control laws serve an important governmental function, …

Should You Use It? Tips On Authenticating Online Legal Sources, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.

The Forum Graduation Special (Volume 38, Number 8), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Forum (Volume 38, Number 8), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Fauxrum (Volume Xyz [38], Number 666), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Forum (Volume 38, Number 7), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Why Animal Law Matters: Establishing Animal Law Section In Era Of Emerging Issues, Rebecca J. Huss

Law Faculty Publications

"This article defines animal law and discusses some of the areas of practice that deal with animal law issues."

The Forum (Volume 38, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman

Law Faculty Publications

This short review evaluates Professor Richardson's book both as a contribution to the history of the Atlantic slave trade and as contribution to critical race theory.

Professor Richardson has read innumerable historical monographs, works of legal and sociological theory, international law and critical race theory. Armed with this store of knowledge, he is able to recount a detailed narrative of African-American claims to, interests in and appeals to international law over approximately two centuries spanning, with occasional peeks both forward and backward in time, from the landing of the first African slaves at Jamestown in 1619 to the 1815 Treaty …

Medellin And Originalism, D. A. Jeremy Telman

Law Faculty Publications

In Medellín v. Texas, the Supreme Court permitted Texas to proceed with the execution of a Mexican national who had not been given timely notice of his right of consular notification and consultation in violation of the United States’ obligations under the Vienna Convention on Consular Relations. It did so despite its finding that the United States had an obligation under treaty law to comply with an order of the International Court of Justice that Medellín’s case be granted review and reconsideration. The international obligation, the Court found, was not domestically enforceable because the treaties at issue were not self-executing. …

The Supreme Court As The Major Barrier To Racial Equality, Ivan E. Bodensteiner

Law Faculty Publications

This Article suggests that the U.S. Supreme Court, through its decisions in cases alleging race discrimination, stands as a major barrier to racial equality in the United States. There are several aspects of its decisions that lead to this result. Between 1868 and 1954, the Equal Protection Clause of the Fourteenth Amendment, while it had been interpreted to strike down a few blatant forms of de jure discrimination, allowed government to separate the races based on the “separate but equal” fiction. Beginning in 1954, Brown and a series of subsequent decisions attacked this fiction, and for a period of nearly …

The Pervasive Nature Of Animal Law: How The Law Impacts The Lives Of People And Their Animal Companions, Rebecca J. Huss

Law Faculty Publications

Faculty members at Valparaiso University School of Law who attain the rank of full professor are expected to deliver an inaugural lecture to the University community and the public at large. This article is based on that lecture, delivered on September 25, 2008. This Article begins by distinguishing between “animal law,” “animal rights,” and “animal welfare” and discussing the growth of the field of animal law. It continues by setting forth the statistics on the number of companion animals in the United States (“U.S.”) and information about the households who have companion animals. The remainder of the article analyzes some …

Helpful Resources For Handling A Domestic Relations Case, Emily M. Janoski-Haehlen

Law Faculty Publications

No abstract provided.

Annoyancetech Vigilante Torts And Policy, Robert F. Blomquist

Law Faculty Publications

The twenty-first century has ushered in demand by some Americans for annoyancetech devices—novel electronic gadgets that secretly fend off, punish, or comment upon perceived antisocial and annoying behaviors of others. Manufacturers, marketers, and users of certain annoyancetech devices, however, face potential tort liability for personal and property damages suffered by the targets of this “revenge by gadget.” Federal, state, and local policymakers should start the process of coming to pragmatic terms with the troubling rise in the popularity of annoyancetech devices. This is an area of social policy that cries out for thoughtful and creative legislative solutions.

The Pragmatically Virtuous Lawyer?, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The Trouble With Negligence Per Se, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Draining The Morass: Ending The Jurisprudentially Unsound Unpublication System, David R. Cleveland

Law Faculty Publications

No abstract provided.

Medellin And Originalism, D. A. Jeremy Telman

Law Faculty Publications

In Medellin v. Texas, the Supreme Court permitted Texas to proceed with the execution of a Mexican national who, in violation of the United States’ obligations under the Vienna Convention on Consular Relations, had not been given timely notice of his rights of consular notification and consultation. It did so despite its finding that the United States had an obligation under treaty law to comply with an order of the International Court of Justice that Medellin’s case be granted review and reconsideration. The international obligation, the Court found, was not domestically enforceable because the treaties at issue were not self-executing. …

Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland

Law Faculty Publications

No abstract provided.

Revisiting The Regulation Debate: The Effect Of Food Marketing On Childhood Obesity, Nicole E. Negowetti

Law Faculty Publications

No abstract provided.

American Hegemony And The Foreign Affairs Constitution, Robert Knowles

Law Faculty Publications

This Article uses insights from international relations theory to challenge the received wisdom that U.S. courts are incompetent to decide .foreign affairs issues. Since September 11, 2001, in particular, proponents of broad executive power have argued that the Judiciary lacks the Executive's expertise, speed, flexibility, uniformity, and political savvy necessary in foreign affairs. For these reasons, legal doctrine has long called for especially strong foreign affairs deference to the Executive. This Article argues that special deference is grounded in an outmoded version of the popular theory of international relations known as realism. Realism views the world as anarchic, nations as …

Am I The Only Person Paying Taxes? The Largest Tax Loophole For The Rich - Exchange Funds, David J. Herzig

Law Faculty Publications

President Obama is faced with a national debt at over $11 trillion and needs to fund projects such as National Health Care with an ever-shrinking tax base. As the economy has slowed, so have tax revenues. It would then make sense for the government to reexamine tax carve-outs that only benefit the wealthy. In fact, President Obama is on record saying he wants to eliminate tax loopholes. After almost fifty years, the time is ripe to eliminate one of the few congressionally authorized tax loopholes—the $30 billion Exchange Funds.

This Article addresses the social equity arguments and the tax and …

Carried Interest: Can They Effectively Be Taxed?, David J. Herzig

Law Faculty Publications

During the April 2008 Democratic Debate, former Senator Obama with former Senator Clinton almost referred to the subject matter of this article verbatim at page three of the transcript. ("We saw an article today which showed that the top 50 hedge fund managers made $29 billion last year-- $29 billion for 50 individuals. And part of what has happened is that those who are able to work the stock market and amass huge fortunes on capital gains are paying a lower tax rate than their secretaries. That's not fair. ") (http://abcnews.go.com/Politics/DemocraticDebate/story?id= 46702 71&page= 1). As stated by both candidates, the …

Mixed Media: Popular Culture And Race And Their Effect On Jury Selection, Andrea Lyon

Law Faculty Publications

No abstract provided.

The Forum (Volume 38, Number 5), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Abortion As Betrayal, Richard Stith

Law Faculty Publications

Abortion is worse than ordinary murder, principally because it involves the betrayal of a dependent by a natural guardian. Furthermore, abortion is emblematic of wider lethal betrayals of radically dependent persons. All these betrayals are rationalized precisely by the victims’ lack of autonomy-based dignity. Christianity counters by affirming the concern and respect due to those who helplessly suffer worldly disdain.

Participatory Lawyering & The Ivory Tower: Conducting A Forensic Law Audit In The Aftermath Of Virginia Tech, Susan P. Stuart

Law Faculty Publications

The tragic events at Virginia Tech in 2007 sent a cold wind blowing through the halls of higher education institutions: a Virginia Tech student, who had fallen through the cracks of the school's mental health services and disciplinary procedures, armed himself with firearms and murdered thirty-two students and a professor before committing suicide. In the wake of that massacre, several states and individual interest groups issued reports on campus readiness for similar catastrophes. A consistent theme throughout those reports emphasized the necessity for individual institutions to review their procedures to deal with campus violence.

This Article focuses on that institutional …

Reflections On The Needle: Poe, Baze, Dead Man Walking, Robert Batey

Valparaiso University Law Review

No abstract provided.