Law Commons^™

Researching Legal Ethics, Stephen E. Young

Scholarly Articles

No abstract provided.

Dean's Dedication, Veryl Victoria Miles

Miscellaneous Historical Documents

It is with special pleasure that I add these dedicatory words to this inaugural issue of the Journal of Law, Philosophy and Culture, a new interdisciplinary publication of the Center for Law, Philosophy and Culture of The Catholic University of America and the Columbus School of Law. This new journal promises to fulfill aspirations at the heart of both The Catholic University of America and its law school. In 1895, William C. Robinson, formerly dean of the Yale Law School, accepted his commission to spearhead a new law faculty at The Catholic University with the express purpose that this new …

Introduction To The Symposium On Reexamining The Law Of War, Marshall J. Breger, Marc D. Stern

Scholarly Articles

No abstract provided.

The Revitalization Of Ake: A Capital Defendant’S Right To Expert Assistance, Cara H. Drinan

Scholarly Articles

Under Ake v. Oklahoma, indigent capital defendants are entitled to a wide array of expert assistance at both the conviction and sentencing phases of trial. Historically, the Ake entitlement has been under-utilized for both structural and normative reasons. However, today Ake is in the process of being revitalized. Recent Supreme Court decisions and the revised American Bar Association (ABA) Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases offer the hope that the theoretical entitlement of Ake will be fully realized. Moreover, if that occurs, one of two outcomes is likely to ensue at the state …

Defense Access To A Prosecution Witness’S Psychotherapy Or Counseling Records, Clifford S. Fishman

Scholarly Articles

No abstract provided.

Pope John Paul Ii And The Law: Foreword, Elizabeth Kirk

Scholarly Articles

Given John Paul II's significant presence on the world stage, it is appropriate to ask what his impact might be on particular fields of inquiry or professional vocations. As lawyers, then, we might ask: what were John Paul II's thoughts on the nature of law and jurisprudence? What will be his legacy in terms of the civil law? How can we, as civil lawyers, best mine the rich lode of his intellectual legacy? To begin to answer these questions and to suggest a way forward under the guidance of John Paul II, it is fitting that the Notre Dame Journal …

Separating State From Church: Researching The Legal System Of The Vatican City State, Stephen E. Young, Alison Shea

Scholarly Articles

Mr. Young and Ms. Shea discuss the unique situation of the Vatican City State in legal research. They provide an overview of the founding documents and the constitutional structure of the world's smallest sovereign nation, a discussion of the complex nature of the Vatican's international status, and a bibliographic essay covering the materials most likely to be available in law libraries in the United States.

The Pivotal Role Of The Corporate General Counsel In Promoting Corporate Integrity And Professional Responsibility, Sarah Helene Duggin

Scholarly Articles

Part I of this article begins with an overview of the history of the corporate general counsel position and then outlines formal and informal roles contemporary general counsel play, concluding with a discussion of the importance of a broad vision of the role in fostering corporate integrity and professional ethics. Part II looks at the responsibilities of general counsel in connection withSarbanes-Oxley and the 2003 amendments to the Model Rules of Professional

Conduct.

Part III focuses on two areas that merit careful consideration concerning the role of general counsel in the struggle to promote corporate integrity and professional responsibility. The …

Congressional Devolution Of Immigration Policymaking: A Separation Of Powers Critique, Roger C. Hartley

Scholarly Articles

For roughly a decade, federal legislation has devolved to the states some of Congress's authority to adopt immigration policies that discriminate against permanent resident aliens. Equal protection challenges to discriminatory state policies so authorized by Congress raise the knotty issue of the appropriate scope of judicial review. Courts remain divided. The source of the difficulty is that the equal protection "congruence principle" is not applicable to alienage discrimination. Unlike equal protection cases throughout most of constitutional law, the judiciary deploys different standards of judicial review in alienage discrimination cases depending on whether the discrimination arises under federal or state law. …

Cigarette Smoking As A Public Health Hazard: Crafting Common Law And Legislative Strategies For Abatemen, George P. Smith Ii

Scholarly Articles

The debate over when, and to what extent, the government may regulate public smoking, is a contentious one of great moment. The point at which the line will be drawn with regard to an individual's right to smoke in public is narrowing. This right may stop at public restaurants and the workplace; or it may reach as far as public stadia, outdoor gathering spots and public streets. In 2006, one report showed 461 municipalities in thirty-three states and the District of Columbia, had adopted one-hundred percent smoke-free coverage in restaurants, bars or workplaces; and 135 municipalities had one-hundred percent coverage …

Discerning The Environmental Perspective Of Pope Benedict Xvi, Lucia A. Silecchia

Scholarly Articles

As commentators assess the legacy left behind by Pope John Paul II, they will surely note with interest the contributions he made to the advancement of Catholic social thought with respect to the necessity for careful stewardship of creation and the link that exists between ecological concerns and genuine human development. How, his successor, Pope Benedict XVI, faces a world in which ecological concerns persist and pressures for solutions continue. This paper explores the writings of Pope Benedict XVI to ascertain the ways in which he may approach the environmental questions of the modern world. In his theological writings prior …

Externship Demographics Redux, J.P. "Sandy" Ogilvy, Robert Seibel

Scholarly Articles

Professors Ogilvy (Catholic University) and Seibel (California Western) report on the results of a national survey of externship programs at American Law Schools and compare many of the data points to previous surveys of externship programs to chart the growth of legal externships in 1) number of schools with externship programs as part of their curriculum, 2) number of discrete courses within programs, and 3) the increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include the average number of credits allowed for participation in externships, the average number of hours of fieldwork …

Post-Realist Blues: Formalism, Instrumentalism, And The Hybrid Nature Of Common Law Jurisprudence, Marin Roger Scordato

Scholarly Articles

At the beginning of the twentieth century, it was widely believed that appellate courts determined the outcome of disputed issues of law predominately by the application of pre-existing precedent and time honored legal maxims. The primary work of the common law courts was thought to be this distinctive identification, maintenance, inductive development and case specific deductive application of the body of precedent in its jurisdiction, sometimes known as formalism.

Starting with the influence of the legal realists in the 1920s, a profound shift took place in the dominant conception of the nature of common law jurisprudence. Here, at the beginning …

The International Legal Environment For Serious Political Reporting Has Fundamentally Changed: Understanding The Revolutionary New Era Of English Defamation Law, Marin Roger Scordato

Scholarly Articles

On October 11, 2006, Britain's highest court, the House of Lords, issued a blockbuster ruling that completely changed the landscape of libel law and press freedoms in the United Kingdom. The Times of London described the case, Jameel v. Wall Street Journal, as, "a judgment that lawyers predict will usher in a new era of journalism." Given England's reputation as an attractive jurisdiction for defamation plaintiffs and a frequent destination for "libel tourism," this case is likely to alter the environment for serious political journalism throughout Europe and North America.

This article carefully describes the case, including its key holdings …

Policy Making And The New Medicine: Managing A Magnificent Obsession, George P. Smith Ii

Scholarly Articles

Scientific issues become - inevitably - political issues because of one principal fact: they put in focus the extent to which the government can restrict private medical research undertakings - either in the name of generational safety, morality or the public good. The multiple and varied concerns of applying the New Medicine, derived as such from the New Biology, conduce - essentially - to a suspicion continued reductionism in the biological analysis of humans will erode the notions of autonomy, dignity and personal integrity that have traditionally justified the constitutional protection of civil liberties. Driven by painful technologies and sciences, …

The Buried Bodies Case: Alive And Well After Thirty Years, Lisa G. Lerman, Frank H. Armani, Thomas D. Morgan, Monroe H. Freedman

Scholarly Articles

No abstract provided.

Student Services In The 21st Century: Evolution And Innovation In Discovering Student Needs, Teaching Information Literacy, And Designing Library 2.0-Based Services, Frances M. Brillantine, Kumar Jayasuriya

Scholarly Articles

The authors discuss the changing library needs of law students as computers, technology, and legal publishing evolve. In order to track the evolving needs of students, the authors discuss ways that librarians can survey students and explain how focus groups and usability tests can provide further insights regarding students’ research skills and information needs. The article examines the literature regarding information literacy and suggests minimum standards for legal information literacy upon graduation, and the authors suggest new services that law librarians could create for law students. Next the authors examine the recent literature about Library 2.0 services, and offer suggestions …