Law Commons^™

Shaping The Church: Resisting Scandal And Avoiding Secularization, Mark Chopko

Brendan F. Brown Lecture Series

Mark Chopko, who was the General Counsel to the United States Conference of Catholic Bishops, delivered the Brendan Brown Lecture titled Shaping the Church: Resisting Scandal and Avoiding Secularization.

Researching English Case Law, Stephen E. Young

Scholarly Articles

No abstract provided.

The Uniform Consumer Leases Act Arrives In Connecticut, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Central Banks’ Role In Bank Supervision In The United States And United Kingdom, Heidi Mandanis Schooner

Scholarly Articles

Driven in part by the question of bank supervision in euro-area countries, a growing body of literature addresses whether central banking and bank supervision should be combined. This paper address this debate in light of recent legislation in the United Kingdom and the United States. Recent legislation in the United Kingdom stripped the Bank of England of its responsibility for bank supervision and established the Financial Services Authority as an integrated supervisor of financial services. In the United States, the Gramm-Leach-Bliley Act of 1999 expanded the regulatory authority of the Federal Reserve. In light of international trends, I consider how …

Tolstoy And The Christian Lawyer, Raymond B. Marcin

Scholarly Articles

It may be that there is no literate person alive in the Western world who has not heard of Count Lyof Nikolaevich Tolstoi (Tolstoy), author of what some have called the quintessential novel among all recorded literature: War and Peace. It may also be that most literate persons are aware that Tolstoy was a moralist of some renown-of great renown in his day-whose pacifist thought presaged and influenced Mohandas K. Gandhi, the great and saintly Mahatma of India. One doubts, however, whether many are aware that Tolstoy penned what is perhaps the most devastating attack in all religious literature on …

Bums, Or A Bum Rap?, Thomas Haederle

Miscellaneous Historical Documents

An article in the Winter, 2003 CUA Lawyer describing the war time contributions of Dean Robert J. White, First Commodore-Chaplain.

Twenty-Five Years At Cua, Clifford S. Fishman

Miscellaneous Historical Documents

A personal recollection of a quarter century of teaching at CUA Law School. This article appeared in the Winter, 2003 issue of CUA Lawyer, the alumni magazine.

Secrets Of Bank Regulation: A Reply To Professor Cohen, Heidi Mandanis Schooner

Scholarly Articles

No abstract provided.

The Changing Jurisprudence Of The International Criminal Tribunal For The Former Yugoslavia, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

Balancing As Art: Justice White And The Separation Of Powers, William J. Wagner

Scholarly Articles

In more than one key opinion, Justice Byron White cited Justice Robert H. Jackson's concept of the "art of governing" as the cornerstone of his own approach to separation-of-powers problems.' In Youngstown Sheet & Tube Co. v. Sawyer, Justice Jackson had written:

The actual art of governing under our Constitution does not and cannot conform to judicial definitions of the power of any of its branches based on isolated clauses or even single Articles torn from context. While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable …

Things Are Seldom What They Seem: Judges And Lawyers In The Tales Of Mark Twain, Lucia A. Silecchia

Scholarly Articles

This article explores the many and varies legal characters that populated the bench and bar in Mark Twain’s work. Judges and lawyers have long captivated the minds and talents of authors, and Twain was a prolific creator of jurisprudential characters. This article’s thesis is that a careful study of Twain’s fiction reveals a disturbing pattern of inconsistency between the conduct of his attorneys and judges and the quality of justice that their actions bring about. In all too many of Twain’s tales, true “justice” is far more likely to be achieved where lawyers and judges violate legal rules through deception, …

Legal Lessons Learned From Operation Enduring Freedom, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

How Arabs Fight Islamism: A Letter From Tunis, Marshall J. Breger

Scholarly Articles

No abstract provided.

Internal Corporate Investigations: Legal Ethics, Professionalism And The Employee Interview, Sarah Helene Duggin

Scholarly Articles

This article addresses key ethical issues pertaining to the conduct of employee interviews in the course of internal corporate investigations. The discussion focuses on business corporations, but it is equally applicable to other for-profit and not-for-profit organizations." Part II provides background information on developments in organizational criminal liability over the past two decades, the importance of the United States Sentencing Commission's Organizational Sentencing Guidelines, and the concomitant emergence of the internal investigation as an integral part of modern corporate legal practice. Part III examines law enforcement authorities' growing insistence on corporate "cooperation" as a prerequisite to participation in voluntary disclosure …

Latin American Hybrid Constitutionalism: The United States Presidentialism In The Civil Law Melting Pot, Rett R. Ludwikowski

Scholarly Articles

Commentators have often suggested that Latin American countries incorporate more features of parliamentary systems or experiment with "mixed" models of governance. This article presents arguments that such a recommendation should be carefully analyzed. First, the article demonstrates that, since the early stages of post-colonial history, the Latin American states modified U.S. presidentialism. The states have already experimented with many features of a parliamentary system, adopted a model of judicial review which was an amalgam of several well-known models, and wrestled with their own ethnic, cultural and legal problems not linked to the U.S. system of governance. Second, the article examines …

Leasing Consumer Goods: The Spotlight Shifts To The Uniform Consumer Leases Act, Ralph J. Rohner

Scholarly Articles

As a participant throughout the drafting process for the Uniform Consumer Leases Act ("U.C.L.A." or "the Act"), I believe that the Act deserves serious consideration in the state legislatures to fill gaps in existing consumer protections for consumer lessees. The Act complements the Uniform Commercial Code ("U.C.C.") Article 2A (Leases), which creates a basic legal framework for all leases of goods, commercial and consumer alike, and the federal Consumer Leasing Act, which prescribes advertising and disclosure rules for consumer leases. The U.C.L.A. is also intended to reinforce, or be reinforced by, certain existing state laws, such as those prohibiting unfair …

Innocent Until Proven Guilty: The Origins Of A Legal Maxim, Kenneth Pennington

Scholarly Articles

The maxim,' Innocent until proven guilty', has had a good run in the twentieth century. The United Nations incorporated the principle in its Declaration of Human Rights in 1948 under article eleven, section one. The maxim also found a place in the European Convention for the Protection of Human Rights in 1953 [as article 6, section 2] and was incorporated into the United Nations International Covenant on Civil and Political Rights [as article 14, section 2]. This was a satisfying development for Americans because there are few maxims that have a greater resonance in Anglo-American, common law jurisprudence. The Anglo-American …

John Noonan On Marriage And The Family: Continuity And Change In Doctrine, William J. Wagner

Scholarly Articles

In support of its critique, this article first analyzes Judge Noonan's general methodological vantage and shows how he proceeds, within that vantage, to formulate general moral norms. Next, it compares Judge Noonan's work with trends in the reasoning of the United States Supreme Court between 1965 and the present to suggest that some of Noonan's assumptions about the longer-term consequences of his own methodology for stability and continuity in moral theology may be unwarranted. Finally, it argues that Noonan is not justified in assuming that adjudicative reasoning, without more, suffices for the formulation of general moral norms, or that transcendent …

The Catalyst Calamity: Post-Buckhannon Fee-Shifting In Environmental Litigation And A Proposal For Congressional Action, Lucia A. Silecchia

Scholarly Articles

Acknowledging the importance of citizen suits in giving teeth to environmental laws, and recognizing the often prohibitive costs of such litigation, Congress often included fee-shifting provisions in most environmental citizen suit statutes. It is well established that plaintiffs who win a judicial ruling in their favor qualify for the benefits of such fee-shifting. What is less clear is whether those parties whose successes come outside the courtroom - as is often true in the environmental context - can also recover fees. In the past, the so-called “catalyst theory” answered this question affirmatively. However, in 2001, the catalyst theory was dealt …

Does The Children’S Internet Protection Act Induce Public Libraries To Violate The First Amendment?, Susanna Frederick Fischer

Scholarly Articles

The Children's Internet Protection Act contains filtering provisions for public libraries that condition the receipt of federal assistance for Internet access and related services on libraries' operation of technologi­cal measures that block all patrons' access to obscene and pornographic materials and also block minor patrons' access to material that is "harmful to minors." Now the Supreme Court has agreed to review a trial court's decision that enjoined the government from enforcing these filtering provisions on the basis that they are facially invalid under the First Amendment.

Guidelines With Commentary For The Evaluation Of Legal Externship Programs, J.P. "Sandy" Ogilvy

Scholarly Articles

This Article is part of a larger project to create a set of guidelines, with commentary, for the evaluation of clinical legal education programs. The Externship Guidelines ("Guidelines") are published here with the hope and expectation that the legal education community will read, analyze, and comment on them. As a result of that input, subsequent drafts of the Guidelines should reflect a broad consensus among legal educators with respect to the standards for good legal externship programs and a methodology for evaluating legal externship programs. It also is anticipated that working on guidelines in the discrete area of legal externships …

United Kingdom And United States Responses To The Regulatory Challenges Of Modern Financial Markets, Heidi Mandanis Schooner

Scholarly Articles

The modernization of world financial markets over the last 20 years has raised profound regulatory challenges. Our article considers whether the United States' Gramm-Leach-Bliley Act of 1999 (GLB) and the United Kingdom's Financial Services and Markets Act 2000 (FSMA) meet those challenges. We posit that the most compelling regulatory issue is not whether the financial industry should be allowed to consolidate. Rather, we believe that the organization and practices of the regulators, i.e., the question of which agencies regulate which firms and under what set of laws, should be the focal point. We call this an issue of regulatory modernization. …

Delegalization Of Arms Control – A Democracy Deficit In De Facto Treaties Of Peace, Antonio F. Perez

Scholarly Articles

Delegalization of arms control is now an accomplished fact. In this period of potential dramatic revision of the international order, it is not surprising that the US is seeking increased flexibility in pursuing several strategies, including the full use of military and technological advantages. The motivations behind this include US interests, as well as long run global interests. What may be surprising, however, is the potential risk to our democratic processes from delegalization of arms control-that is to say, the danger posed by reduced use of arms control treaties with built-in processes of transparency and democratic accountability.

The potential risk …

Posse Comitatus: Preparing For The Hearings, Michael F. Noone Jr.

Scholarly Articles

This Essay is intended for Congressional committee staff-whether employed by the committee or by members assigned to the committee-if they are called to review an administration legislative proposal to amend or repeal The Posse Comitatus Act ("The Act").2 It will be in two parts: background (to ensure that you and your members understand the statute's origins and implications); and separate Sections on expected issues and positions that will be asserted, or should be explored, as you prepare for testimony by supporters and opponents of the Bill.

Lawyering Process: My Thanks For The Book And The Movie, Leah Wortham

Scholarly Articles

The author's memories of "the movie version" of The Lawyering Process, two courses she took in Gary Bellow's first two years at Harvard Law School (1971-73), are compared to the text and problem supplements published in 1978. The author traces the influence of those courses and books on her externship course and textbook, written with others. She cites the value of Bellow & Moulton's pioneering employment of visual and kinesthetic learning modes and explicit statement to students about educational goals and methods. She identifies paradigms for lawyering tasks that have remained useful to her throughout her career. With twenty-one years …

The Ninth Circuit’S Invasion Of The Tort Of Invasion Of Privacy, Harvey L. Zuckman

Scholarly Articles

The tort of invasion of privacy has had a short but tortuous development made even more tortuous by a number of recent rulings by the United States Court of Appeals for the Ninth Circuit. This common law tort does not begin with the normal judicial iterations that created and sculpted other torts. Rather, it began life as a law review article prompted by personal pique.

Federalism, Human Rights, And The Realpolitik Of Footnote Four, Robert A. Destro

Scholarly Articles

The burden of this Essay is to argue that the conventional wisdom about the Court's resolution of the crisis of 1937 both begs the question of the Court's jurisdiction to prescribe substantive rules governing our rights,' and misses the point that history proves the Court unfit to be the sole repository of such a sweeping power. Part I will argue that the Founders' vision of a "compound"

American republic was lost when the Supreme Court of the United States used the New Deal controversy over the limits of judicial review to accomplish one of the most far-reaching power grabs in …

The Intersection Between Welfare Reform And Child Support Enforcement: D.C.’S Weak Link, Stacy Brustin

Scholarly Articles

This Article examines the effectiveness with which the District of Columbia has linked welfare reform and child support collection. Part I discusses the ways in which the 1996 federal welfare reform legislation significantly altered federal and state child support systems. Part II shifts the discussion from the national arena to the District of Columbia and explores legislative, executive, and judicial responses to child support enforcement in the wake of federal welfare reform.

Part III recommends ways in which the District of Columbia can improve its enforcement system and suggests that it is not enough to simply establish child support orders; …

Law School Leviathan: Explaining Administrative Growth, Ronald A. Cass, John H. Garvey

Scholarly Articles

The administrative apparatus of American law schools - indeed, the entire infrastructure of American law schools - seems to be expanding without end. Soon, one would think, administrators must outnumber all other participants in the educational process. Or so it has been said.

Is this a fair characterization of the facts of legal education? If so, what explains this trend? Does it describe a problem or an inevitable, even desirable, state of affairs? We endeavor to answer these questions, looking at the evidence at our disposal and the kinds of speculation that deans can do on short notice.

Preemption’S Market Participant Immunity—A Constitutional Interpretation: Implications For Living Wage And Labor Peace Policies, Roger C. Hartley

Scholarly Articles

Nationwide, state and local governments are adopting policies that oblige their private-sector business partners to pay employees a "living wage" and/or to agree in various ways not to use public funds to finance anti-union activities. Conventional labor preemption principles would invalidate many of these conditional business arrangements unless they are immunized by preemption's market participant doctrine, first applied in the now decade-old Boston Harbor case. Accordingly, the focus of preemption litigation challenging living wage and labor peace policies ordinarily is the immunity's applicability. Because its reach is subject to widely varying interpretations, there exists a need to fix workable and …