Law Commons^™

Business As A Vocation: Implications For Catholic Legal Education, George E. Garvey

Scholarly Articles

The business culture and laws of the U.S. stress the obligation of corporate managers to maximize the profits of the firm's shareholders. An excessive focus on profits, however, can deny managers any meaningful sense of vocation. It reduces the role of managers, and those who they manage, to mere cogs in the productive processes of their firms. Managers informed by the Catholic social tradition can exercise their responsibilities with a sense of vocation. Catholic professional schools, including law schools, should foster the sense of vocation in graduates by presenting the fundamental principles of Catholic social teaching early in the curriculum …

Does The Child Online Protection Act Violate The First Amendment?, Susanna Frederick Fischer

Scholarly Articles

The Supreme Court weighs in for a second time in the more than 5-year-old court battle over whether the Child Online Protection Act drafters have rectified the constitutional defects of the Communications Decency Act, which the Court struck down in 1997 on First Amendment grounds. In an effort to cure the CDA's lack of "narrow tailoring," the drafters of COPA have more narrowly defined the speech that is being regulated and have also narrowed the speakers who are subject to regulation.

Sacrifice In The Public Square: Ciceronian Rhetoric In More’S Utopia And Ultimate Ends Of Counsel, A.G. Harmon

Scholarly Articles

The different rhetorical strategies of the characters in Thomas More's Utopia reveal parallels with Cicero's rhetoric and philosophy. Those parallels resonate with the modern discourse of "counsel, " and provide a context through which the nature of the counselor's dilemma - a tension between what should be done and what can be done - is analyzed.

Gandhi And Justice, Raymond B. Marcin

Scholarly Articles

Mohandas K. Gandhi, the great and saintly Mahatma of India, once made a characteristic but nonetheless provocative statement about justice: “That action alone is just,” he wrote, “which does not harm either party to a dispute.” There have been instances in Western jurisprudence in which that Gandhian—essentially Eastern - understanding of justice sometimes surfaces. Several decades ago, Martin Luther King Jr., in a groundswell of Gandhian activism, raised that Gandhian understanding of justice to a position of near dominance in Western thought. It may be no coincidence that both King and Gandhi suffered the same fate for their troubles. Conventional …

The Geneva Proposals For Peace: Still Viable, Ziad J. Asali, Marshall J. Breger, Milton Viorst, Philip C. Wilcox Jr.

Scholarly Articles

No abstract provided.

Technology And The Internet: The Impending Destruction Of Privacy By Betrayers, Grudgers, Snoops, Spammers, Corporations And The Media, Clifford S. Fishman

Scholarly Articles

This Article reviews how the Internet and related developments-technological, social, and legal-have magnified the threat to privacy posed by private individuals, commercial enterprises, and the media. It offers a brief overview of the current threats to privacy from sources other than the government, and, in particular, the impact of the Internet in creating or magnifying those threats. Part I discusses the threat to privacy in general, examining how the Internet and developments in surveillance technology, in information storage and retrieval, in dissemination of information, sound, and images, and changes to the informal "social contract" that defines general standards have all …

Misconduct By Law Professors: Why It Matters, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Introduction To The Symposium On Legal Externships: Learning From Practice, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

Clergy, Sex, And The American Way, Raymond C. O'Brien

Scholarly Articles

Part I of the Article discusses the two hundred year history of the Roman Catholic Church in America. Internationally the Church has over a billion members, but the American Church has distinctive characteristics that have allowed it to prosper and serve as a model for other nations.

Growth, involvement, wealth, and a nexus between being American and being Catholic evidenced by cooperation with civil authorities are among the characteristics. The Charter is now a marker in that history. Part II examines what happened to bring about the crisis of the sexual abuse of minors by clergy. In spite of the …

Deconstructing Teresa O’Brien: A Role Play For Domestic Violence Clinics, Leigh Goodmark, Catherine F. Klein

Scholarly Articles

In this article, we will present and examine the role play that we have used with our students. We will provide the actual text of the role play, with an explanatory narrative about how we integrated the role play into our classroom component. We will outline the reading assignments and pre-class preparation that we require. Finally, we will suggest ways that this role play can be adapted for clinical programs in other jurisdictions or in countries with other legal systems.

May A Foreign Plaintiff Sue A Foreign Defendant For Conduct Outside The U.S. That Caused Antitrust Injury Outside The U.S.?, Antonio F. Perez

Scholarly Articles

May the respondents, five foreign companies that purchased goods outside the United States from other foreign companies, pursue Sherman Act claims seeking recovery for overcharges paid in transactions occurring entirely outside U.S. commerce under the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA), 15 U.S.C. § 6a? Do such foreign plaintiffs lack standing under Section 4 of the Clayton Act, 15 U.S.C. § 15(a)?

Crawford V. Washington: The Supreme Court Opts For A New (Old?) Approach To The Confrontation Clause, Clifford S. Fishman

Scholarly Articles

No abstract provided.

Catholic Social Teaching And Its Impact On American Law: Observations On The Past And Reflections On The Future, Lucia A. Silecchia

Scholarly Articles

In recent years, greater attention has been paid to the influence of Catholic social teaching as a contributor to legal debates in American society. As it has developed, Catholic social teaching clearly envisions a role for the Church to play in shaping society. The interplay between Catholic social teaching and American law is a fascinating, complex, and, at times, tense relationship. That relationship is the subject of these observations and reflections. The first part of this discussion explores how leading Church documents define the proper scope of influence for Catholic social teaching. After this brief background, the discussion will turn …

Environmental Ethics From The Perspective Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

Scholarly Articles

Over the years, a substantial body of Catholic social teaching has arisen to offer guidance as to the obligations that humanity has as stewards of creation. With ancient roots in Biblical text, and modern exploration in more recent texts, the connection between religious obligation and ecological responsibility has garnered much attention among Catholic thinkers - as well as among religious leaders of other faiths. This article explores the principles of Catholic social thought with respect to the environment and traces the development of those principles from their Biblical origins through the papacy of Pope John Paul II. In tandem with …

Evidentiary Surrogacy And Risk Allocation: Understanding Imputed Knowledge And Notice In Modern Agency Law, Marin Roger Scordato

Scholarly Articles

This article deals with the imputed knowledge rule in agency law. The basic rule imputes to a principal knowledge or notice received by an agent within the scope of the agent's authority. The principal is deemed to have received the information in question even in the absence of any evidence that the agent successfully transmitted it to the principal.

As the article clearly demonstrates, the imputed knowledge rule is currently characterized by complexity and contradiction. The analysis developed in the article suggests that this convolution and uncertainty is the result of the existence of a fundamental tension residing at the …

“Just Say No!”: The Right To Refuse Psychotropic Medication In Long-Term Care Facilities, George P. Smith Ii

Scholarly Articles

This Article examines the provisions of The Omnibus Budget Reconciliation Act of 1987 (OBRA '87) surveying the case law as such that deals with the rights of patients in mental institutions to refuse psychotropic medication. The article focuses first on an analysis of the different substantive and procedural rights afforded to patients under state common law, state constitutions and the federal Constitution. It then proceeds to evaluate the impact of OBRA '87 on the rights of long-term care patients who refuse medication and choose to accept minimal administrative hearings instead of pursuing full judicial proceedings designed to protect those rights. …

Patent And Antitrust, Happy Together?, Daniel F. Attridge, Gregory F. Corbett

Scholarly Articles

No abstract provided.

Cross Burning – Hate Speech As Free Speech: A Comment On Virginia V. Black, Roger C. Hartley

Scholarly Articles

This Article concerns the criminalization of cross burning. This act of symbolic expression sometimes communicates hate, inspires fear of impending bodily harm, expresses an ideology and solidarity with others, or encompasses combinations of these. In 1991, Edward Cleary defended a White juvenile, known in court documents as R.A.V., who had burned a cross on the lawn of a Black family. In that litigation, Cleary began his oral argument to the Supreme Court by posing this question: To what degree does abhorrence of cross burning justify banning it? That question still baffles us. Establishing appropriate boundaries for the protection of speech …

Recruiting And Retaining Faculty Of Color In The Legal Academy: A Longstanding Commitment Of The Association Of American Law Schools, Veryl Victoria Miles

Scholarly Articles

No abstract provided.

Constitutionalization Of Human Rights In Post-Soviet States And Latin America: A Comparative Analysis, Rett R. Ludwikowski

Scholarly Articles

This Article consists of four parts. The first, which is more general, addresses the question to what extent the system of governance adopted by the countries of the two regions affected the record of the states' protection of human rights. For instance, this Article considers whether democratization of the political system necessarily results in better protection of human rights. The second part analyzes the placement of human rights in the framework of the Latin American and post-Soviet constitutions. The third part identifies and discusses the problem of individual and group rights, an issue crucial for both regions. The fourth part …