Law Commons^™

The Legal Effect Of College And University Policies Prohibiting Romantic Relationships Between Students And Professors, Neal Hutchens

The Journal of Law and Education

No abstract provided.

Academic Freedom And The Obligation To Earn It, Donald D. Weidner

The Journal of Law and Education

No abstract provided.

Supreme Court - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

State Court And Lower Federal Court Decisions - Primary And Secondary Education - Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Title Ix: Is It Time For A Change - Chalk Talk, Andrew Murr

The Journal of Law and Education

No abstract provided.

The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky

Michigan Telecommunications & Technology Law Review

I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private communications. The …

Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn

Michigan Telecommunications & Technology Law Review

Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …

Verdugo In Cyberspace: Boundaries Of Fourth Amendment Rights For Foreign Nationals In Cybercrime Cases, Stewart M. Young

Michigan Telecommunications & Technology Law Review

This Comment examines the current legal framework governing Fourth Amendment rights for foreign nationals accused of committing crimes within the United States. Over the past three years, federal courts have tried several cases charging foreign nationals with committing crimes through the use of the Internet; these cases demonstrate a lack of clarity in the standard for warrant requirements regarding these searches. Utilizing these cases, this Comment creates a hypothetical case that presents the issues of Fourth Amendment rights for foreign nationals and seeks to determine how such a question should be answered. It advocates the clear application of United States …

Life Sciences, Technology, And The Law - Symosium Transcript - March 7, 2003, Philip R. Reilly, David H. Kaye, Jonathan J. Koehler, Richard O. Lempert

Michigan Telecommunications & Technology Law Review

Life sciences, Technology, and the Law Symposium held at the University of Michigan Law School Friday, March 7, 2003

Framework For Evaluation Of Tribal Water Settlements, Barbara Cosens

Articles

No abstract provided.

Paper Use And Recycling In Academic Libraries, Michele Calloway, Darren Callahan

E-JASL: Electronic Journal of Academic and Special Librarianship (1999-2009, Volumes 1-10)

Conclusions

While it is difficult to predict what the future may hold in regard to paper use and recycling, without a doubt, academic libraries are sites of enormous consumption and they should be proactive in institutional improvements in waste management. A paperless society is unlikely to become a reality for a very long time, if ever, but what can libraries do now to discourage paper waste and encourage recycling? According to the results of this survey, libraries are taking steps to divert recyclables from the garbage. In the future, as people become even more accustomed to working in the electronic …

Conflicts In The Regulation Of Hostile Business Takeovers In The United State And The European Union, Barbara Ann White

All Faculty Scholarship

This essay focuses on hostile business takeovers to illustrate the significance that cultural differences among nations can play in developing a harmonized European Union law. After 12 years of development, the EU Directive regulating hostile takeovers, to everyone’s surprise, was voted down in the EU Parliament in 2001. The EU Parliament consists of the member nations and the movement to defeat the Directive was led by Germany, which had just suffered a brutal hostile takeover of its largest company by British raiders.

The “harmonization” efforts within the EU (i.e., establishing uniform laws among the member nations) mirrors the federalism movement …

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver

Faculty Scholarly Works

The ABA Section of International Law’s Transnational Legal Practice [TLP] Committee prepared this summary of the most significant TLP developments in 2002. The bulk of this article focused on two sets of developments; 1) the work of the ABA Commission on Multijurisdictional Practice or ABA MJP Commission; and 2) developments related to the treatment of legal services in the World Trade Organization under the General Agreement on Trade in Services or GATS. (Additional developments that were mentioned included initiation of U.S. free trade agreements with Chile and Singapore, Japan’s new joint enterprise law, which allowed certain types of association among …

Individual Rights Versus Collective Security: Assessing The Constitutionality Of The Usa Patriot Act, Tracey Topper Gonzalez

University of Miami International and Comparative Law Review

No abstract provided.

Economic Sanctions, Justin D. Stalls

University of Miami International and Comparative Law Review

No abstract provided.

Fredrick Sidell, M.D., Et Al., Jane's Chem-Bio Handbook (Alexandria: Jane's Information Group 1999). Super Terrorism: Biological, Chemical, And Nuclear (Yonah Alexander And Milton Hoenig Eds., Transnational Publishers 2001)., Ian Illych Martinez

University of Miami International and Comparative Law Review

No abstract provided.

Notre Dame Lawyer - Fall 2003, Notre Dame Law School

Notre Dame Lawyer

Shattered Voices: Language, Violence, and the Work of Truth Commissions

The Clergy Sexual Abuse Crisis and the Spirit of Canon Law

Notre Dame Law School Faculty Focus: Professor Tex Dutile

NOTRE DAME LAW SCHOOL COMMENCEMENT CEREMONIES

Loan Repayment Assistance Program Recipient Profile: Kristina Campbell '02 Counsels Migrant Farmworkers

Jackie Weiler Retires

For Owen M. Fiss: Some Reflections On The Triumph And The Death Of Adjudication, Judith Resnik

University of Miami Law Review

No abstract provided.

The Price Of Education: What Local Control Is Costing American Children., Debra L. Ireland

The Scholar: St. Mary's Law Review on Race and Social Justice

Wealth and property are not equally distributed in America, and these inequities are exacerbated by the American school system. The current school system is community-centered, meaning children living in poorer districts do not have access to the same level of education as children living in wealthier districts. The comment discusses the impact that budgeting decisions have on community perceptions and expectations, as well as how community favoritism plays a role in the education financing equation. Finally, the author proposes eliminating what is essentially an “educational caste system,” and discusses how to change the attitudes of society and alter the ways …

To Catch A Killer: Roadblocks And The Fourth Amendment, Michael T. Morley

Scholarly Publications

No abstract provided.

Death Of An Accountant: The Jury Convicts Arthur Andersen Of Obstruction Of Justice, Stephan Landsman

Chicago-Kent Law Review

Since at least the time of Peter Zenger, American juries have served as agents of legal and social change. When and how juries become involved in transformative decision making has only occasionally been examined. This Article seeks to explore the jury as change agent in the context of the recent conviction of the Arthur Andersen accounting firm on a charge of obstruction of justice. It analyzes the erroneous belief that the case would be a "slam-dunk" for the government, detailing why the jury found the matter so difficult to decide. It then considers the reasons for the government's hard-won victory …

Pay Secrecy/ Confidentiality Rules And The National Labor Relations Act, Rafael Gely, Leonard Bierman

Faculty Publications

This article seeks to provide a comprehensive account of doctrinal issues related to the use of pay secrecy/confidentiality rules (“PSC rules”) under the NLRA. In Part II, we describe what pay secrecy/confidentiality is and discuss recent survey evidence of their presence in workplaces across the United States. In Part III, we describe the current legal framework under which PSC rules are evaluated under the NLRA, while in Parts IV and V, we explore various doctrinal issues related to these rules in more detail. This leads us to Part VI, where we ponder the future of PSC rules under the NLRA …

Executing The Laws Or Executing An Agenda: Usurpation Of Statutory And Constitutional Rights By The Department Of Justice, Christopher C. Sabis

University of Michigan Journal of Law Reform

The Department ofJustice (DOJ) can compel individuals and entities to sacrifice their constitutional or statutory rights. The DOJ can do so through brute political force, settlements and consent decrees, selective statutory enforcement, and prosecutions that coerce future actors not to pursue goals contrary to the policy desires of the executive branch. The current regime provides few constraints on the DOJ's ability to abuse its legal authority to achieve political objectives. This unbridled power jeopardizes the rights of both opposing and third parties.

This Note examines, in a bipartisan manner, the methods the Justice Department employs that deprive opponents or third …

The Origins Of Felony Jury Sentencing In The United States, Nancy J. King

Chicago-Kent Law Review

This Article traces the development of jury sentencing in non-capital felony cases in Virginia and Kentucky, as well as the rejection of jury sentencing in Pennsylvania, in the late eighteenth century. Several of the explanations that modern commentators on jury sentencing have offered for the adoption of jury sentencing are questioned. In Virginia, where party politics may have affected the choice of jury over judge, pockets of judicial sentencing power remained, inconsistent with a strong preference for the democratic judgment of a jury in punishment over the professional decisions of the judiciary. Kentucky's experience suggests that settlement patterns and legal …

Enron, Watergate And The Regulation Of The Legal Profession, Arnold Rochvarg

All Faculty Scholarship

The most famous scandal of the twentieth century was the Watergate scandal, which most notably led to the resignation of Richard Nixon as President of the United States. The significance of Watergate, however, extends further than the resignation of Nixon. Because Watergate involved so many lawyers, it had a great impact on the regulation of the legal profession. Although the twenty-first century has just started, the strongest contender for this century's most famous scandal is the Enron scandal. Although the Enron scandal is identified mostly with misconduct by accountants and corporate officials, it too involved lawyers and has impacted on …

Ten Things Deans Can Do With Students, R. Lawrence Dessem

Faculty Publications

A healthy relationship with students is beneficial to one's deanship, law school, and to the dean herself. An experienced provost once told me that serving as dean was the best job that he had ever had because he still had significant contact with students. Deans should take advantage of the possibilities for student interactions that their deanships afford them. What follows is my “top ten list” of ways in which deans can build a positive relationship with their students.

Child Custody In Texas And The Best Interest Standard: In The Best Interest Of Whom., Raymon Zapata

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas courts should not apply the best interest standard established in Holley v. Adams to all child custody disputes because it is not a one-size-fits all approach. In Holley, a parental rights termination case, the Texas Supreme Court listed factors to consider when evaluating the best interest of the child. These factors, however, do not adequately address all the issues in a child custody case. Additionally, specific factors including parent’s wishes, religion, race, or the parents' sexual preference are not considered Holley factors. Another significant problem with relying on Holley is that judges are not required to address each factor …

American & British Insurers And Courts As Aiders And Abettors Of Commercial Terrorism., Will Rice

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Foreword, John Paul Stevens

Chicago-Kent Law Review

No abstract provided.

Avoid Bald Men And People With Green Socks? Other Ways To Improve The Voir Dire Process In Jury Selection, Valerie P. Hans, Alayna Jehle

Chicago-Kent Law Review

During jury selection, many courts adopt a minimal approach to voir dire questioning, asking a small number of close-ended questions to groups of prospective jurors and requiring prospective jurors to volunteer their biases. The Article describes research evidence showing that limited voir dire questioning is often ineffective in detecting juror bias. To improve the effectiveness of voir dire, the authors make four recommendations: (1) increase the use of juror questionnaires; (2) incorporate some open-ended questions; (3) expand the types of questions that are asked; and (4) allow attorneys to participate in voir dire.