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Full-Text Articles in Law

Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Adam Chodorow, Philip T. Hackney Nov 2015

Post-Graduate Legal Training: The Case For Tax-Exempt Programs, Adam Chodorow, Philip T. Hackney

Journal Articles

The challenging job market for recent law school graduates has highlighted a fact well known to those familiar with legal education: A significant gap exists between what students learn in law school and what they need to be practice-ready lawyers. Legal employers historically assumed the task of providing real-world training, but they have become much less willing to do so. At the same time, a large numbers of Americans – and not just those living at or below the poverty line – are simply unable to afford lawyers. In this Article, we argue that post-graduate legal training, similar to post-graduate …


Interpreting Force Authorization, Scott Sullivan Oct 2015

Interpreting Force Authorization, Scott Sullivan

Journal Articles

This Article presents a theory of authorizations for the use of military force (AUMFs) that reconciles separation of power failures in the current interpretive model. Existing doctrine applies the same text-driven models of statutory interpretation to AUMFs that are utilized with all other legal instruments. However, the conditions at birth, objectives, and expected impacts underlying military force authorizations differ dramatically from typical legislation. AUMFs are focused but temporary corrective interventions intended to change the underlying facts that prompted their passage. This Article examines historical practice and utilizes institutionalist principles to develop a theory of AUMF decay that eschews text in …


From Magna Carta To Chambers V. Florida: Hugo Black And “The Law Of The Land.”, Paul R. Baier May 2015

From Magna Carta To Chambers V. Florida: Hugo Black And “The Law Of The Land.”, Paul R. Baier

Journal Articles

No abstract provided.


The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson Apr 2015

The Tipping Point: The Failure Of Form Over Substance In Addressing The Needs Of Unaccompanied Immigrant Children, Lauren R. Aronson

Journal Articles

No abstract provided.


The Future Of The Foreign Commerce Clause, Scott Sullivan Mar 2015

The Future Of The Foreign Commerce Clause, Scott Sullivan

Journal Articles

The Foreign Commerce Clause has been lost, subsumed by its interstate cousin, and overshadowed in foreign relations by the treaty power. Consistent with its original purpose and the implied, but unrefined view asserted by the judiciary, this Article articulates a broader and deeper Foreign Commerce power than is popularly understood. It reframes doctrinal considerations for a reinvigorated Foreign Commerce Clause--both as an independent power and in alliance with other coordinate foreign affairs powers--and demonstrates that increasing global complexity and interdependence makes broad and deep federal authority under this power crucial to effective and efficient action in matters of national concern.


Breaking Forever Families, Andrea B. Carroll Jan 2015

Breaking Forever Families, Andrea B. Carroll

Journal Articles

No abstract provided.


Taxing The Unheavenly Chorus: Why Section 501(C)(6) Trade Associations Are Undeserving Of Tax Exemption, Philip T. Hackney Jan 2015

Taxing The Unheavenly Chorus: Why Section 501(C)(6) Trade Associations Are Undeserving Of Tax Exemption, Philip T. Hackney

Journal Articles

No abstract provided.


Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig Jan 2015

Isolated Wetland Commons And The Constitution, Blake Hudson, Michael Hardig

Journal Articles

Isolated wetlands provide great ecological and economic value to the United States. While some states provide protection for isolated wetlands, a great many do not. These wetlands are also left outside the ambit of federal wetland regulatory protections under the Clean Water Act, with its murky jurisdictional reach. Notwithstanding jurisdictional questions under current federal statutes, the U.S. Supreme Court has gone so far as to call into question the constitutionality of federal isolated wetland regulation. This Article makes a normative argument that, in the absence of state or local programs providing holistic isolated wetland protection, federal action is needed. The …


Our Constitutional Commons, Blake Hudson, Brigham Daniels Jan 2015

Our Constitutional Commons, Blake Hudson, Brigham Daniels

Journal Articles

While much has been written about the U.S. Constitution, very little, if anything at all, has been said about the ways in which the Constitution shares attributes with the commons. This article examines the Constitution and the efforts to influence the shape and scope of its application through the lenses developed by scholars for assessing both common good and public good resources. Focusing on these interrelated lenses provides a unique perspective on both the U.S. Constitution and those attempting to influence its text and its interpretation. The synergy and interaction between the common good and public good dimensions of the …


Structural Environmental Constitutionalism, Blake Hudson Jan 2015

Structural Environmental Constitutionalism, Blake Hudson

Journal Articles

Environmental constitutionalism is of increasing importance as both national and subnational governments seek to facilitate environmental protection through constitutional provisions. Most environmental constitutionalism scholarship focuses on textual constitutional provisions protecting fundamental substantive or procedural citizen rights to a quality environment — what might be termed “fundamental environmental constitutionalism.” Yet another type of environmental constitutionalism is of equal or perhaps even more importance — that is, “structural environmental constitutionalism.” This form of environmental constitutionalism regards the allocation of environmental regulatory authority among levels of government, a particularly salient issue in federal systems of government. This article describes the key attributes of …


Should The Irs Never "Target" Taxpayers? An Examination Of The Irs Tea Party Affair, Philip T. Hackney Jan 2015

Should The Irs Never "Target" Taxpayers? An Examination Of The Irs Tea Party Affair, Philip T. Hackney

Journal Articles

This article is part of a symposium held at Valparaiso University Law School entitled "Money in Politics: The Good, the Bad and the Ugly."

In 2013, the Treasury Inspector General for Tax Administration faulted the Internal Revenue Service for the appearance of impartiality because it used names and policy positions such as “Tea Party” and conservative ideology to pick applications for tax-exempt status for greater scrutiny. The Inspector General's review came after members of Congress accused the Service of "targeting" conservative organizations. This Article finds the Inspector General's claim lacks a firm foundation. The use of names to select organizations …


Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy Jan 2015

Does Situationism Excuse? The Implications Of Situationism For Moral Responsibility And Criminal Responsibility, Ken Levy

Journal Articles

Criminal responsibility is almost universally thought to require moral responsibility. Using the psychological theory of "situationism,'" however, I will argue that criminal responsibility can survive-and therefore that defendants can be justly punished-without moral responsibility.


Le Code Civil De Louisiane En Francais: Traduction Et Retraduction, Olivier Moreteau Jan 2015

Le Code Civil De Louisiane En Francais: Traduction Et Retraduction, Olivier Moreteau

Journal Articles

No abstract provided.


Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett Jan 2015

Young V. United Parcel Service, Inc.: Mcdonnell Douglas To The Rescue?, William Corbett

Journal Articles

The Pregnancy Discrimination Act of 1978 can be interpreted in two obvious ways: one interpretation requires employers to make reasonable accommodations for pregnant employees, and the other does not require such accommodations. In Young v. United Parcel Service, Inc., the Supreme Court held that in some cases employees may be able to prove intentional pregnancy discrimination based on an employer's failure to make accommodations for the pregnant employee when the employer makes accommodations for other disabled employees. Rather than reaching this result by interpreting the statute to require reasonable accommodations, however, the Court held that plaintiffs with "indirect evidence" of …


The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter Jan 2015

The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter

Journal Articles

The article focuses on the equal management laws in the community property reform for the well-being and future prosperity of the family. Topics discussed include separate property regime and the community property regime in the U.S., examines the history of the reform era and argues that equality was not the primary goal of the legal reform and examines how spouses actually managed their money in the pre-1970s era.


Charitable Organization Oversight: Rules V. Standards, Philip T. Hackney Jan 2015

Charitable Organization Oversight: Rules V. Standards, Philip T. Hackney

Journal Articles

Congress has traditionally utilized standards as a means of communicating charitable tax law in the Code. In the past fifteen years, however, Congress has increasingly turned to rules to stop fraud and abuse in the charitable sector. I review the rules versus standards debate to evaluate this trend. Are congressional rules the best method for regulating the charitable sector? While the complex changing nature of charitable purpose would suggest standards are better, the inadequacy of IRS enforcement and the large number of unsophisticated charitable organizations both augur strongly in favor of rules. Congress, however, is not the ideal institution to …