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Articles 1 - 25 of 25
Full-Text Articles in Law
Reinvigorating The Rule Of Law In Iraq, Coral Wong Pietsch, James H. Pietsch
Reinvigorating The Rule Of Law In Iraq, Coral Wong Pietsch, James H. Pietsch
Brendan F. Brown Lecture Series
Class of 1974 Alumni, Brigadier General (Ret.) Coral Wong Pietsch and Professor James H. Pietsch delivered a Brendan Brown Lecture on April 20, 2009 titled Reinvigorating the Rule of Law in Iraq.
Roommate Wars: Fair Housing Council Of San Fernando Valley V. Roommates.Com Has Signaled The Need For Change, Jessica Desimone
Roommate Wars: Fair Housing Council Of San Fernando Valley V. Roommates.Com Has Signaled The Need For Change, Jessica Desimone
Student Scholar Series
Jessica DeSimone was the inaugural speaker in the Student Scholar Series.
No Tears For Creon, Marc O. Degirolami
No Tears For Creon, Marc O. Degirolami
Scholarly Articles
This essay critiques Professor Martha Nussbaum's book, Liberty of Conscience: In Defense of America's Tradition of Religious Equality (2008). Nussbaum's thesis is that the entire tradition of religious liberty in America can be both best understood (as a historical exercise) and justified (as a philosophical one) by recourse to the overarching principle of equal respect-that "[a]ll citizens have equal rights and deserve equal respect from the government under which they live." Nussbaum insists that equal respect pervades the tradition and that all other values of religious liberty are subordinate to it. She examines various free-exercise and establishment issues in light …
Ochrona Praw Czlowieka Z Perspektywy Ameriykanskiej Oceny Historycznego Legatu Rady Europy, Rett R. Ludwikowski
Ochrona Praw Czlowieka Z Perspektywy Ameriykanskiej Oceny Historycznego Legatu Rady Europy, Rett R. Ludwikowski
Scholarly Articles
No abstract provided.
Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy
Celebrating Clepr’S 40th Anniversary: The Early Development Of The Clinical Legal Education And Legal Ethics Instruction In U.S. Law Schools, J.P. "Sandy" Ogilvy
Scholarly Articles
This article introduces the essays, articles, and remarks celebrating the fortieth anniversary of the establishment of the Council on Legal Education for Professional Responsibility (CLEPR). The Section on Professional Responsibility and Section on Clinical Legal Education of the Association of American Law Schools (AALS) jointly sponsored a half-day program at the 2009 AALS Annual Meeting in San Diego, California, in recognition of the fortieth anniversary of CLEPR and the one hundredth anniversary of the promulgation of the American Bar Association Canons of Professional Ethics, the ABA's first effort at establishing a private law of lawyering to govern its members. After …
The Elderly And Health Care Rationing, George P. Smith Ii
The Elderly And Health Care Rationing, George P. Smith Ii
Scholarly Articles
This Monograph derives from research undertaken during my appointment as a Visiting Scholar at The Poynter Center for The Study of Ethics and American Institutions, Indiana University, Bloomington in July-August, 2000. The thesis of this Monograph is that before contemporary society can confront the issue of health care rationing for the elderly, it must seek to integrate the disciplines of moral and ethical reasoning with the qualitative formulations of needs and resources. Until such a point is reached, however, the greatest danger to avoid is the perpetuation of non-decisions regarding health care treatment. Such "decisions" all too frequently result in …
Response, Frames Of Reference And The "Turn To Remedy" In Facial Challenge Doctrine, Kevin C. Walsh
Response, Frames Of Reference And The "Turn To Remedy" In Facial Challenge Doctrine, Kevin C. Walsh
Scholarly Articles
This Symposium on Facial Challenges in the Roberts Court provides an opportunity to chart a path toward greater doctrinal coherence in light of the Court's most recent uses of the distinction between facial and as-applied challenges. In his contribution to this Symposium, David Faigman makes two claims that I address in this response. The first of Professor Faigman's claims is descriptive: "the debate over facial versus as-applied challenges is merely a subcategory of the pervasive issue concerning defining the proper frame of reference for empirical questions arising under the Constitution.'"' As Professor Faigman uses the term, a "frame of reference" …
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Scholarly Articles
Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …
Learning Neuroscience The Hard Way: The Terri Schiavo Case And The Ethics Of Effective Representation, Robert A. Destro
Learning Neuroscience The Hard Way: The Terri Schiavo Case And The Ethics Of Effective Representation, Robert A. Destro
Scholarly Articles
Part I of this article looks at the three main "narratives" that are commonly employed to describe the Schiavo case, and it recounts the basic facts concerning Terri Schiavo's brain injury and the early, but quickly-abandoned, attempt at rehabilitation. Part II is an examination of how the demise of one of the most profoundly harmful dogmas in the history of medicine-the theory that the brain is "hard-wired" and that no amount of rehabilitation can cause the brain to rewire itself-occurred too late in the litigation for the judges or advocates in either Schiavo or Englaro to understand that Terri and …
The Third Generation Of Indigent Defense Litigation, Cara H. Drinan
The Third Generation Of Indigent Defense Litigation, Cara H. Drinan
Scholarly Articles
For years, scholars have documented the national crisis in indigent defense and its many tragic implications, and yet the crisis persists. Traditionally, the appellate and political processes were the exclusive avenues for indigent defense reform, and each suffered from critical infirmities. By the 1970's, individuals and groups began to seek prospective judicial reform of indigent defense systems. Widely used in other arenas, systemic suits based on the Sixth Amendment have been few in number and, at least in their early form, relatively unsuccessful. Other scholars have provided a descriptive account of structural litigation to improve indigent defense, and this article …
Response To Francis Oakley, Kenneth Pennington
Response To Francis Oakley, Kenneth Pennington
Scholarly Articles
No abstract provided.
Smith, Stormans, And The Future Of Free Exercise: Applying The Free Exercise Clause To Targeted Laws Of General Applicability, Mark L. Rienzi
Smith, Stormans, And The Future Of Free Exercise: Applying The Free Exercise Clause To Targeted Laws Of General Applicability, Mark L. Rienzi
Scholarly Articles
Does the Free Exercise Clause extend to situations where the legislature deliberately targets a religious practice, but does so for neutral reasons and is willing to extend the ban to people who happen to engage in the same practice for non-religious reasons? While one can imagine reasonable arguments on both sides about the constitutionality of the Sunday morning alcohol ban, it seems absurd to say that the Free Exercise Clause is not part of the equation. Yet under the First Amendment analysis presently employed by many courts, that result is entirely likely.
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty
The Kosovo Crisis: A Dostoievskian Dialogue On International Law, Statecraft, And Soulcraft, Antonio F. Perez, Robert J. Delahunty
Scholarly Articles
The secession of Kosovo from Serbia in February 2008 represents a stage in the unfolding of a revolution of "constitutional" dimensions in International Law that began with NATO's 1999 intervention in Kosovo against Serbia. NATO's intervention called into question the authority and viability of U.N. Charter system for maintaining international peace. Likewise, the West's decision in 2008 to support Kosovo's secession from Serbia dealt a further blow to the central post-War legal rules and institutions for controlling and mitigating Great power rivalry. Russia's later support for South Ossetia's secession from Georgia demonstrated the potential that the Kosovo precedent has for …
Reshaping The Common Good In Times Of Public Health Emergencies: Validating Medical Triage, George P. Smith Ii
Reshaping The Common Good In Times Of Public Health Emergencies: Validating Medical Triage, George P. Smith Ii
Scholarly Articles
Public health ethics require individuals who are inherently at risk for transmitting communicable disease to be subjected, oftentimes, to isolation, quarantine, or compulsory vaccination - all undertaken, as such, to protect the common good and thereby secure the public-at-law for exposure to the spread of an infectious disease.
This article tests the extent to which public health emergencies necessitate a reinterpretation or reshaping of the common good and proceeds to analyze the extent to which the medical principle of triage is a relevant construct for allocating scarce medical resources during contemporary public health emergencies. The article proceeds to test the …
The Flawed Nature Of The False Marking Statute, Elizabeth I. Winston
The Flawed Nature Of The False Marking Statute, Elizabeth I. Winston
Scholarly Articles
In 2005, the United States Court of Appeals for the Federal Circuit rendered a decision on an “issue of first impression” interpreting a one hundred sixty-three year old provision of the United States Code - the “false marking” statute embodied in 35 U.S.C. § 292. It is false marking to mark as patented an unpatented article if done with the intent to deceive the public and, as such, is a fineable offense. The false marking statute remains one of only a handful of qui tam actions left intact from a rich history of varied incentives provided by the government for …
Introduction: Intellectual Property In The Age Of The Internet, Susanna Frederick Fischer
Introduction: Intellectual Property In The Age Of The Internet, Susanna Frederick Fischer
Scholarly Articles
No abstract provided.
Lessons Learned From The Spectrum Wars: Views On The United States Effort Going Into And Coming Out Of A World Radiocommunication Conference, Donna Coleman Gregg
Lessons Learned From The Spectrum Wars: Views On The United States Effort Going Into And Coming Out Of A World Radiocommunication Conference, Donna Coleman Gregg
Scholarly Articles
No abstract provided.
The Momentum Of Posthumous Conception: A Model Act, Raymond C. O'Brien
The Momentum Of Posthumous Conception: A Model Act, Raymond C. O'Brien
Scholarly Articles
This Article addresses the scenario of when, through advanced medical technology, a procedure is performed resulting in the birth of a child more than three hundred days-a time suggested by some statutes-after the death of the gamete provider. The embryo may result from in vitro fertilization or from a woman being artificially inseminated with the sperm of a deceased male gamete provider. And of course the woman could have predeceased too and left a viable ova, that was then fertilized with the sperm of a living or a deceased male to create an embryo, which was then placed into a …
Practice-Ready: A Law School Perspective On Bar Certification, Veryl Victoria Miles
Practice-Ready: A Law School Perspective On Bar Certification, Veryl Victoria Miles
Scholarly Articles
Law schools play a critical role in the bar certification process. They certify that graduates have the character and fitness necessary to become members of the bar,and they verify that graduates have completed the schools’ academic requirements for graduation. Each of these certifications is much more than a mere check mark but rather an analysis of a complex set of factors.The certification of character and fitness is not a simple notice of the lack of negative information about the graduate. Law school determination of character and fitness is quite detailed. While all of the levels of that process are beyond …
Evangelicals And Jews In Common Cause, Marshall J. Breger
Evangelicals And Jews In Common Cause, Marshall J. Breger
Scholarly Articles
Responding to a recent symposium on Rabbi Joseph Soloveitchik's 1964 article on the propriety of Christian-Jewish dialogue, this essay begins by assessing several arguments put forth by Soloveitchik. These include the incommensurability of religious faith, the risks interreligious dialogue presents to the Jewish minority, the dangers of syncretism, and the ability to separate neatly the sacred and the profane. The article then proceeds to discuss the nature of Catholic-Jewish today, and concludes with thoughts about the future of Christian and Jewish interaction.
Catholic Social Teaching, The Rule Of Law, And Copyright Protection, Susanna Frederick Fischer
Catholic Social Teaching, The Rule Of Law, And Copyright Protection, Susanna Frederick Fischer
Scholarly Articles
The rule of law is currently under grave threat in cyberspace. Even as copyright laws have been strengthened in many ways in response to new digital technologies, these laws are widely disrespected and cannot be effectively enforced against all those who willfully flout them. The legislative response has been to strengthen copyright laws more and more, including expanding copyrightable subject matter, giving copyright owners new rights, and lengthening the copyright term. One example is the Copyright Term Extension Act of 1998. This amendment to federal copyright law retroactively extended the duration of copyright protection by twenty years. The judicial response …
Confrontation, Forfeiture, And Giles V. California: An Interim User’S Guide, Clifford S. Fishman
Confrontation, Forfeiture, And Giles V. California: An Interim User’S Guide, Clifford S. Fishman
Scholarly Articles
This Article examines the implications of Giles v. California. It begins in Part II by examining the Confrontation Clause before Giles, and explains how Crawford v. Washington upended the Clause's prior interpretation in Ohio v. Roberts, by excluding all "testimonial" statements, however "trustworthy" a court might consider them to be. It then provides a brief explanation of the forfeiture doctrine and its endorsement in Crawford. Part III consists of a detailed examination and critique of the Court's resolution of the central issue in Giles: that the forfeiture doctrine applies only when the prosecution can show that the defendant killed …
How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer
How To Analyze The Accuracy Of Eyewitness Testimony In A Criminal Case, Richard A. Wise, Clifford S. Fishman, Martin A. Safer
Scholarly Articles
This Article describes a method for analyzing the accuracy of eyewitness testimony that will significantly enhance the ability of the criminal justice system to assess eyewitness accuracy. The method consists of the following components: First, ascertain whether law enforcement conducted the eyewitness interviews in a manner that obtained the maximum amount of information from the eyewitness, did not contaminate the eyewitness's memory of the crime, or artificially increase the eyewitness's confidence. Next, determine whether the identification procedures in the case were fair and unbiased. Finally, evaluate what eyewitness factors during the crime are likely to have increased or decreased the …
Introduction, Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John H. Garvey
Introduction, Aals Symposium On Institutional Pluralism: The Role Of Religiously Affiliated Law Schools, John H. Garvey
Scholarly Articles
No abstract provided.
Weighing Medical Judgments: Explaining Evidentiary Preferences For Treating Physician Opinions In Erisa Cases After Black & Decker Disability Plan V. Nord, Roy F. Harmon Iii, A.G. Harmon
Weighing Medical Judgments: Explaining Evidentiary Preferences For Treating Physician Opinions In Erisa Cases After Black & Decker Disability Plan V. Nord, Roy F. Harmon Iii, A.G. Harmon
Scholarly Articles
No abstract provided.