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Judicial Notice December 3rd, 1990 V17 N6, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice November 19th, 1990 V17 N5, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice October 29th, 1990 V17 N4, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice April 23rd, 1990 V16 N12, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice April 2nd, 1990 V16 N11, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice March 19th, 1990 V16 N9&10, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Judicial Notice February 14th, 1990 V16 N8, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Creative Writers And Criminal Justice: Confronting The System (1890–1920), Maxwell Bloomfield

Scholarly Articles

By the early twentieth century the modernization of American criminal law had become an issue of widespread public concern, both in professional circles and in the popular press. Bar leaders, such as Roscoe Pound and William Howard Taft, proposed to improve the machinery of criminal justice by tightening procedural rules and enhancing the authority of trial judges. Their efforts at “scientific” law reform led to the creation of the American Institute of Criminal Law and Criminology in 1909.

Creative writers, on the other hand, influenced by the rise of literary realism, tended to produce popular novels and plays that sympathized …

The Process Of Constitutional Interpretation: A Synthesis Of The Present And A Guide To The Future, William A. Kaplin

Scholarly Articles

This Article provides a counterbalance to current trends in the constitutional interpretation debate. First, the Article is addressed not only to academic experts but also to practicing lawyers, law students, government officials, and academics that are interested but not expert in the process of constitutional interpretation. Second, the Article emphasizes the common ground or agreement about interpretation as much as the disagreements, and offers a synthesis of the interpretive process that charts the common ground and models the best of current understanding. Third, the Article relates theory to practice by exploring the ramifications of this synthesis for courts, other interpreters, …

Making Ourselves Understood, Robert A. Destro

Scholarly Articles

No abstract provided.

Recognizing Personhood And The Right To Die With Dignity, George P. Smith Ii

Scholarly Articles

Death cannot be viewed properly as either an event or a configuration. Indeed, multiple parts of the body can continue to live long after the disintegration of its central organization is recorded. Instead of collapsing at a moment in time, technological mechanisms are capable of sustaining the major bodily processes indefinitely--all designed to allow for the harvesting of needed organs for transplantation. State legislative efforts have been undertaken in America to define those specific circumstances when death occurs legally. Although always allowed to exercise reasonable discretion in their decision making, attending physicians will nonetheless be aided by these laws that …

Stop, In The Name Of Love!, George P. Smith Ii

Scholarly Articles

Although the traditional means for affording access to goods and services in a capitalistic economy is the free market system, Americans have been unwilling in the past - for the most part - to either condone or accept financial ability as the central means for distributing health care. Responding to this attitude or consensus, the United States Congress established both Medicare and Medicaid programs to deal with the commitment to provide health care services regardless of ability to pay. Recent surveys show, however, that while the American public is concerned about the idea or principle of providing not only health …

The Contractual Reallocation Of Procreative Resources And Parental Rights: The Natural Endowment Critique, William J. Wagner

Scholarly Articles

This article inquires into the meaning and value of contract as a principle for ordering technologically assisted human reproduction. The article seeks to provide an analytically sound definition of this contractual option for ordering the new reproductive technologies, an accurate statement of its current legal status, and an assessment of its theoretical cogency and political and practical appeal. The purpose of the article is the clarification and critique of contract-based proposals for a new legal ordering of human reproduction. On a more general level, it seeks to contribute to a sound conceptual framework for the ongoing discussion of the legal …

The Dualist Model Of Legal Teaching And Scholarship, Marin Roger Scordato

Scholarly Articles

It is not the purpose of this Article to evaluate the accuracy of the claim that teaching and research can be mutually supportive functions. Instead, the following analysis focuses on an aspect of the current situation which has been given much less attention, the costs to both legal scholarship and to law school teaching that result from the predominant dualist model. Identifying and examining some of these costs is important because even if it were established conclusively that legal research and teaching are mutually supportive pursuits, the desirability of the dualist model ultimately depends upon a balancing of the benefits …

Lying To Clients, Lisa G. Lerman

Scholarly Articles

Moral philosopher Sissela Bok defines a lie as "any intentionally deceptive message which is stated." She defines deception more broadly, as encompassing "messages meant to mislead [others] ... through gesture, through disguise, by means of action or inaction, even through silence." This broader category of deception is the subject of study here. This Article will examine overt misstatements and deliberate omissions or failures to disclose information. The determining factor in identifying deception is the lawyer's intent. If the lawyer intends to deceive a client, he or she may accomplish this by telling a lie or by withholding information. Deception by …

Invasion Of Privacy: Some Communicative Torts Whose Time Has Gone, Harvey L. Zuckman

Scholarly Articles

Because invasion of privacy developed from a late nineteenth century law review article motivated in large part by personal animus against the "yellow" press of the era rather than through traditional incremental common-law decision making, and because it has no central trunk but rather four disparate branches whose supposedly protected interests are subject to debate,' this complex of torts presents numerous operational problems for our judicial system. Constitutional problems are created as well by the generation of tension if not direct conflict with first amendment interests when civil liability is imposed for certain kinds of communication. And if all this …

The American Torts Of Invasion Of Privacy: Substantial Corruption Of English Common Law, Harvey L. Zuckman

Scholarly Articles

No abstract provided.

Women In Combat: Changing The Rules, Michael F. Noone Jr.

Scholarly Articles

This article offers an approach, not an answer. It concludes that any of the three branches of government could permit women to serve in combat units. Women have been formally barred from serving in combat ships or aircraft by a 1948 law-the Women's Armed Services Integration Act. Because the sponsors of that legislation concluded that it was impossible to distinguish combat and noncombat roles in the Army, the Secretary of that service was given discretion to designate combat units which would be filled only by men. Congress could change the law. The judiciary could decide that the law, or the …

Essay: On Conscientious Objection, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

The Ethical And Legal Implications Of Hired Maternity, William J. Wagner

Scholarly Articles

If an effective exploration of the ethics of the civil law's response to the practice of hired maternity is to occur, the abstract analysis of the personal ethics of hired maternity must at a certain point give way to a statement of the generic goals that ethics can be said to establish in the area for lawmaking as such. Clarity about the appropriate moral purposes of law mediates between more abstract moral principles and the concrete demands peculiar to making of laws on a concrete issue.

Here, the development of such a statement is an intermediate step towards the article's …

Churches And The Free Exercise Of Religion, John H. Garvey

Scholarly Articles

The first amendment says that "Congress shall make no law . . . prohibiting the free exercise" of religion. This rule is most often used to protect individuals (religious speakers, pacifists, people claiming public benefits). This is hardly surprising. We naturally think that free exercise is an individual right, as we think that religion is a personal and private affair. I want to dispute (more modestly, to qualify) that view. I will argue that we should (sometimes) see the freedom of religion as a group right, which can conflict with, and take precedence over, individual rights.

Federalism: Reconciling A ‘Human Life And ‘States’ Rights Approach To Legal Protection Of The Unborn, Robert A. Destro

Scholarly Articles

No abstract provided.

Discrimination: The Difference With Aids, Raymond C. O'Brien

Scholarly Articles

No abstract provided.

Interpreting The Nondischargeability Of Drunk Driving Debts Under Section 523(A)(9) Of The Bankruptcy Code: A Case Of Judicial Legislation, Veryl Victoria Miles

Scholarly Articles

This article presents a critical analysis of section 523(a)(9) and explores the appropriate limits of statutory construction in the judicial interpretations of the provision. Part I of the article includes a discussion of the history of section 523(a)(9) and why it was necessary for Congress to enact a special anti-drunk driving provision to assure that bankrupts could not escape financial liability for drunk driving debts under the Code. This section also will address how the addition of section 523(a)(9) has expanded and affected the options for nondischargeability determinations under the Code. Part II focuses on the (1) "inartfully drafted" language …

The French Declaration Of The Rights Of Man And Citizen And The American Constitutional Development, Rett R. Ludwikowski

Scholarly Articles

The thorough examination of the influence of the French Declaration of the Rights of Man and Citizen on constitutions has long awaited proper implementation. The importance of the French act has never been questioned but its multi-sided impact has not been satisfactorily evaluated.

With respect to the American Constitution, this problem merits a specially comprehensive study. Although the American and French politics at the end of the eighteenth century were carefully examined, the links between the constitutional developments of both countries has never been researched exhaustively. The reasons seem to be threefold. First, with exception of the American Constitution, the …