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Articles 1 - 22 of 22
Full-Text Articles in Law
The Future For Eu-- U.S. Political And Economic Relations, Ambassador John Bruton
The Future For Eu-- U.S. Political And Economic Relations, Ambassador John Bruton
Brendan F. Brown Lecture Series
The 27 member nations and 500 million citizens that comprise the European Union share profound common interests with the United States. Yet it is a strained marriage at times, especially over the containment of terrorism, acknowledged Ambassador John Bruton, the head of delegation of the European Commission to the United States. Invited to give the Brendan F. Brown Distinguished Lecture at the Columbus School of Law by the Military and National Security Law Students Association, Bruton said that the powerful confederation of European nations is willing to work with the United States on most things, but not against its own …
Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato
Reflections On The Nature Of Legal Scholarship In The Post-Realist Era, Marin Roger Scordato
Scholarly Articles
This article presents a tightly organized and closely reasoned analysis of legal scholarship in the current post-realist era. Secure and well-defined within the formalist legal world of the nineteenth century, the practice of legal scholarship has been profoundly affected by the realist revolution of the early twentieth century and the instrumentalist view of law that now prevails in the twenty-first century. In response, legal scholars have been forced to dramatically alter the focus, the materials and the basic methods of their study. The practice of legal scholarship is currently occupied in a prolonged struggle to adapt to these changes and …
Taking The Show On The Road: Teaching Legal Research In Poland, Stephen E. Young
Taking The Show On The Road: Teaching Legal Research In Poland, Stephen E. Young
Scholarly Articles
No abstract provided.
The American Presidency, The 2008 Election, And The Constitution's Natural Born Citizenship Proviso, Sarah Helene Duggin, Mary Beth Collins
The American Presidency, The 2008 Election, And The Constitution's Natural Born Citizenship Proviso, Sarah Helene Duggin, Mary Beth Collins
Scholarly Articles
The following discussion describes the historical context of the natural born citizenship clause; explores some of the issues the proviso raises in contemporary American society, particularly its impact on Senator McCain and future presidential hopefuls; and offers a brief reflection on why the United States needs to amend Article II to eliminate natural born citizenship as a qualification for the presidency and vice presidency.
Of Panjandrums, Pooh Bahs, Parvenus, And Prophets: Law, Religion, And Medical Science, George P. Smith Ii
Of Panjandrums, Pooh Bahs, Parvenus, And Prophets: Law, Religion, And Medical Science, George P. Smith Ii
Scholarly Articles
This Monograph derives from a Lecture, under the same title, given in Sydney, Australia, honoring Michael D. Kirby, AC, CMG, Justice of The High Court of Australia. The first part of the Monograph analyses the significant contributions that Justice Kirby has made as a compassionate champion of human rights and acknowledges what is styled as the Kirby Ethic which, in turn, is seen as the foundation for the body of work of the Justice as well as the moving force in his private life as well. Building upon a theory of transcendent idealism which interprets God's purpose as safeguarding the …
The Preferential Option For The Poor: An Opportunity And A Challenge For Environmental Decision Making, Lucia A. Silecchia
The Preferential Option For The Poor: An Opportunity And A Challenge For Environmental Decision Making, Lucia A. Silecchia
Scholarly Articles
The doctrine of 'the preferential option for the poor' has deep roots in Catholic social thought. It proposes that the needs of the poorest and most vulnerable be given priority when creating and evaluating public policies, actions, and attitudes. More recently, the obligation to care for natural environment in an ethical way has been gaining more attention both in the secular world as well as among Catholic scholars who seek to explore the scope of human responsibility for the created world. This paper explores the intersection of the preferential option for the poor and environmental ethics. After a general discussion …
What If Seeds Were Not Patentable?, Elizabeth I. Winston
What If Seeds Were Not Patentable?, Elizabeth I. Winston
Scholarly Articles
In 2001, the United States Supreme Court held that seeds were patentable subject matter - a decision, I assert, of much discussion and little impact. Protection of agricultural intellectual property through private ordering, used both to expand the protection available through public ordering and to circumvent the restrictions public ordering places on owners of intellectual property, has provided the incentives necessary to promote investment and innovation in seeds. It has not been the patentability of seeds that has led to agricultural advances, but rather the profitability of licensing agricultural intellectual property. What if seeds were not patentable? So what if …
The Mcnulty Memorandum, The Kpmg Decision And Corporate Cooperation: Individual Rights And Legal Ethics, Sarah Helene Duggin
The Mcnulty Memorandum, The Kpmg Decision And Corporate Cooperation: Individual Rights And Legal Ethics, Sarah Helene Duggin
Scholarly Articles
One of the hallmarks of a free society is the ongoing endeavor to find an appropriate balance between governmental power and individual liberties. During the last several years, however, in the corporate legal arena this balance has shifted in a way that profoundly impacts individuals caught up in the web of corporate investigations. Since 1990 the number of federal prosecutions of business entities has risen dramatically' as prosecutors have increasingly utilized corporate "cooperation" strategies to conscript business entities into working with the government against the interests of employees. The most far-reaching of these policies are set forth in the Department …
Justice Education And The Evaluation Process: Crossing Borders, Margaret Martin Barry, Martin Geer, Catherine F. Klein, Ved Kumari
Justice Education And The Evaluation Process: Crossing Borders, Margaret Martin Barry, Martin Geer, Catherine F. Klein, Ved Kumari
Scholarly Articles
If social justice is a teaching goal, how do we effectively assess it? An analysis of a multi-cultural teaching workshop and lessons learned and unanswered.
Self-Produced Child Pornography: The Appropriate Societal Response To Juvenile Self-Sexual Exploitation, Mary Graw Leary
Self-Produced Child Pornography: The Appropriate Societal Response To Juvenile Self-Sexual Exploitation, Mary Graw Leary
Scholarly Articles
The issues of “sexting” and “self-produced child pornography” (SPCP) have captured the attention of the media, courts, and state legislatures. A debate rages among advocates, policy makers, and reporters about how the law should address this activity. More than sixteen states have considered special legislation to address the problem and litigation has ensued. Lost in the debate are many realities including the complexity of the problem. This behavior implicates aspects of child development, child sexuality, child exploitation, teen dating violence, education, and parenting. While any deliberation about children and how the law should protect children is positive, sensationalism and oversimplification …
Education And Promotion Of Human Rights From A European And American Perspective, Rett R. Ludwikowski
Education And Promotion Of Human Rights From A European And American Perspective, Rett R. Ludwikowski
Scholarly Articles
What are the concrete goals of human rights education and what obstacles may restrain the development of successful educational projects? What do we actually teach and how advanced are our educational programs in general, and academic education in particular? Is there a concrete consensus on the interdependencies between different types of human rights, their hierarchy, and the standards of their protection? Is an optimistic attitude regarding the universalistic doctrine of human rights fully rooted in facts? How may we communicate to our students the concept of universally recognized, irremovable, and interdependent rights while acknowledging the many ethical, religious and cultural …
Lex Naturalis And Jus Naturale, Kenneth Pennington
Lex Naturalis And Jus Naturale, Kenneth Pennington
Scholarly Articles
After the air attacks of September 11, 2001 the United States government decided to fortify all public government buildings and spaces of importance in Washington, D.C. that might be targets of future attacks. The expenditures for these projects ran to millions of dollars and included the White House, Congress, and the Supreme Court. These extensive fortifications were inspired by widespread fear at all levels of the American government that extreme measures were needed to protect themselves and government buildings. This culture of fear quickly became an accepted part of American political discourse. Fear was no longer cowardly; it became a …
Understanding The Absence Of A Duty To Reasonably Rescue In American Tort Law, Marin Roger Scordato
Understanding The Absence Of A Duty To Reasonably Rescue In American Tort Law, Marin Roger Scordato
Scholarly Articles
The absence in American tort law of a duty to reasonably aid a stranger in peril is perplexing. It is an odd gap in the otherwise nearly pervasive presence of a duty of reasonable care in the modern law of negligence. It utterly fails to accurately articulate our conventional sense of morality and appropriate social behavior. It stands in stark contrast to the treatment of this issue throughout the rest of the world. It is a rule of tort law for which very few commentators have had a kind word.
This Article sets forth a spirited defense of the traditional …
Consumer Protection In The Americas: A Second Wave Of American Revolutions?, Antonio F. Perez
Consumer Protection In The Americas: A Second Wave Of American Revolutions?, Antonio F. Perez
Scholarly Articles
This article, which draws on the author's experience as a member of the Inter-American Juridical Committee of the Organization of American States, focuses on the problem of crafting an appropriate hemispheric regime for the protection of consumer rights. The subject is now a major element in the agenda of the OAS Specialized Conference on Private International Law (know also under its Spanish acronym as the CIDIP process), in part because of the increased salience of the issue in light of increasing e-commerce. The article, based on the author's presentation at a symposium at the St. Thomas School of Law in …
Social Justice And Health Care Management: An Elusive Quest?, George P. Smith Ii
Social Justice And Health Care Management: An Elusive Quest?, George P. Smith Ii
Scholarly Articles
Contemporary debate on health care resource management is tied to a central moral issue: namely, how to achieve an optimum level of reasonable or appropriate treatment based on the medical condition of each patient. Failing to tackle and resolve this issue in a confident and forthright manner assures the present approach to health care decision making to continue in a state of indecisiveness if, indeed, not lethargy.
Undergirding this moral issue is the foundational economic dilemma of controlling costs while limiting access to health care resources. Finding a just solution to an equitable distribution of finite health care resources is …
Catholicism’S Critique Of Civil Society At The Turn Of The Millennium, George E. Garvey
Catholicism’S Critique Of Civil Society At The Turn Of The Millennium, George E. Garvey
Scholarly Articles
No abstract provided.
Kennedy V. Louisiana: A Chapter Of Subtle Changes In The Supreme Court’S Book On The Death Penalty—Sex Offenders: Recent Developments In Punishment And Management, Mary Graw Leary
Scholarly Articles
This paper examines the recent decision regarding the unconstitutionality of Louisiana's death penalty punishment for certain cases of child rape. The paper explores some of the nuanced language of the opinion as it indicates sublte shifts in the Court's death penalty analysis.
God’S Littlest Children And The Right To Live: The Case For A Positivist Pro-Life Overturning Of Roe, Raymond B. Marcin
God’S Littlest Children And The Right To Live: The Case For A Positivist Pro-Life Overturning Of Roe, Raymond B. Marcin
Scholarly Articles
For those who understand that God's littlest children have the same right to life that all God's children have, the day on which the United States Supreme Court decided Roe v. Wade was a day that echoed the grief and frustration that, more than a century earlier, accompanied the decision in Dred Scott v. Sandford. And the day on which the United States Supreme Court decides to overturn Roe v. Wade and all the other pro-abortion decisions will be a day of heart-felt thanksgiving. From the pro-life perspective, however, it will not be enough, that the Supreme Court merely overturns …
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Scholarly Articles
The problem of religious learning is that religion-including the teaching about religion-must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insuffi- cient attention has been paid …
Faith In The Rule Of Law, Marc O. Degirolami
Faith In The Rule Of Law, Marc O. Degirolami
Scholarly Articles
For all but the most unflinching consequentialist, "instrumentalism" tends to draw mixed reviews. So it does from Brian Tamanaha. His book, Law as a Means to an End: Threat to the Rule of Law, documents with measured diffidence the ascendancy and current reign of "legal instrumentalism," so entrenched an understanding of law that it is "taken for granted in the United States, almost a part of the air we breathe." Professor Tamanaha shows that in our legal theorizing, our approaches to legal education, our understanding of legal practice, and our perception of judges, legislators, and legal administrators, law is widely …
System Wyborów Prezydenckich W Stanach Zjednoczonych Na Tle Porównawczym, Rett R. Ludwikowski, Anna Ludwikowski
System Wyborów Prezydenckich W Stanach Zjednoczonych Na Tle Porównawczym, Rett R. Ludwikowski, Anna Ludwikowski
Scholarly Articles
No abstract provided.
Lost In The Shuffle: The Other Indigent Defendants In Georgia, Cara H. Drinan
Lost In The Shuffle: The Other Indigent Defendants In Georgia, Cara H. Drinan
Scholarly Articles
No abstract provided.