Law Commons^™

Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy

The Downtown Review

Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover Page

Journal of Vincentian Social Action

No abstract provided.

Varying Instructional Approaches To Physical Extraction Of Mobile Device Memory, Joan Runs Through, Gary D. Cantrell

Journal of Digital Forensics, Security and Law

Digital forensics is a multidisciplinary field encompassing both computer science and criminal justice. This action research compared demonstrated skill levels of university students enrolled in a semester course in small device forensics with 54 hours of instruction in mobile forensics with an emphasis on physical techniques such as JTAG and Chip-Off extraction against the skill levels of industry professionals who have completed an accelerated 40 hour advanced mobile forensics training covering much of the same material to include JTAG and Chip-Off extraction. Participant backgrounds were also examined to determine if those participants with a background in computer science had an …

“Doing Well In Spite Of The School”: How African American Students Perceive Achievement, Engagement, And School Climate In The Aftermath Of California’S Local Control Funding Formula, Angela Clark Louque, Wil Greer, April Clay, Ayanna Balogun

Journal of Critical Issues in Educational Practice

The purpose of this mixed methods study was to explore urban African American students’ school experiences based on the aftermath of California’s Local Control Funding Formula (LCFF), focusing on achievement, engagement, and school climate. Survey data and focus groups of 62 participants were analyzed using chi-square, multiple regression, and an iterative process. Findings suggest that students desire information regarding honors courses, stronger teacher/student relationships, and fairer discipline treatment. Effective strategies and practices are recommended including the LCFF’s revisions to have specific goals for African American students.

Pope Francis, Evangelii Gaudium, And American Capitalism, Kris Principe

Journal of Vincentian Social Action

Pope Francis’ writing of both Evangelii Gaudium (Joy of the Gospel) and Laudato Si’ (On Care For Our Common Home) has led several in the popular press to comment on the Pope’s distrust of capitalism. Here, the pope’s commentary is reconciled with the American perspective on capitalism. Consumer sovereignty and corporate governance, carried out in accordance with the three pillars of Catholic Social Justice of human dignity, solidarity and subsidiarity, can fulfill the Pope’s mandate in Evangelii Gaudium.

On Evangelii Gaudium: An Asia/Pacific Perspective, Young Back Choi

Journal of Vincentian Social Action

Evangelii Gaudium is largely divided into two parts: one is on evangelism and the other concerns the social and economic conditions of the time in which evangelism is to take place. The chief aim of Evangelii Gaudium is to restore, as an integral part of sharing the joy of the Gospel, the dignity of the poor, which is presumably lost because of inequality in the modern society. Pope Francis admits that “… neither the Pope nor the Church have a monopoly on the interpretation of social realities or the proposal of solutions to contemporary problems”. Pope Francis offers his views/diagnoses …

Evangelii Gaudium: A European Perspective, Salvatore Moccia

Journal of Vincentian Social Action

In order to understand the Apostolic Exhortation Evangelii Gaudium, we have to analyze the strategic roots of this Pope, a shepherd who lived his life with the smell of the sheep. Only if we recognize the “great enemy” we can fully understand all the Papal “No’s” of the Encyclical: no to an economy of exclusion, no to the new idolatry of money, no to a financial system which rules rather than serves, and no to the inequality which spawns violence. We believe that Pope Francis, with his Apostolic Exhortation Evangelii Gaudium, has updated most of the Franciscan reflections on the …

Africa And An Economy Of Universal Human Solidarity: In The Footsteps Of Pope Francis’ Evangelii Gaudium, Laurenti Magesa

Journal of Vincentian Social Action

In his recent Apostolic Exhortation, Evangelii Gaudium or The Joy of the Gospel, Pope Francis indicated the shortcomings of capitalism, the economic order dominant in the world today. The inhuman social conditions Francis has attributed to global capitalism can be observed concretely in the lives of the peoples of the African continent. As a result, there exists within Africa itself, on the one hand, and between Africa and other regions of the world, on the other, a cavernous gap between the rich and the poor classes. The main problem is that poverty revolves around fundamental injustices in the creation, distribution, …

Latin America: When The Pope’S Economic Message Finds Home, Denise Chrispim Marin

Journal of Vincentian Social Action

When Pope Francis wrote that “we have to say ‘thou shalt not’ to an economy of exclusion and inequality”, this new “commandment” could not find a more challenging audience than in Latin America. According to United Nations Development Program (UNPD) data, Latin America was the only region in the world that has managed to reduce the income inequality in the last decade. In this same region, alternative forms of doing business are flourishing as a result of the social, cultural and environmental engagement of old and new companies, either for the sake of their image or for their own conviction. …

Economy Of Exclusion: Global Perspectives On Pope Francis On Capitalism, Charles Clark

Journal of Vincentian Social Action

Twenty-eight years after the fall of communism and final victory of capitalism, there is increasing unease with the ideology and lived reality of capitalism around the world, and even in America (the Cold War victor). While it is impossible for any one entry to fully represent a continent’s perspective, it is hoped that geographic diversity will also reflect the diversity in the lived experience of capitalism. In challenging capitalism, Pope Francis is thus joining a long tradition of popes who have critiqued both the ideal and the reality of it. The values of capitalism are those that led the rich …

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.

Editors

Journal of Vincentian Social Action

No abstract provided.

Cover Page

Journal of Vincentian Social Action

No abstract provided.

Ogc Issues Roundtable, John Liekweg

The Catholic Lawyer

No abstract provided.

College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler

Dickinson Law Review (2017-Present)

No abstract provided.

Rat Race: Insider Advice On Landing Judicial Clerkships, Ruggero J. Aldisert, Ryan C. Kirkpatrick, James R. Stevens Iii

Dickinson Law Review (2017-Present)

For many, the judicial clerkship application process is, to quote Sir Winston Churchill, a “riddle wrapped in a mystery inside an enigma.” It is a frenzied “Pamplona-like” atmosphere that begins on Labor Day +1 and continues unabated for several weeks. The initial week is the make or break point in the application review process because it is then that the judge starts to read each application and makes a “yes” or “no” evaluation. If his vote is a “no,” then no further action is taken. If it is a “yes,” the application passes to the law clerks, who then begin …

Introduction To Section Iv: Reflections About Legal Education, Laurel Terry

Dickinson Law Review (2017-Present)

No abstract provided.

Deep Seeded Problems: A Look At Seed Bank Regulations, Jasmine Patel

Seattle Journal of Environmental Law

This paper examines the importance of preserving plant biodiversity through the use of genetic seed vaults, and how effective global legal and regulatory plans aimed at such preservation are in comparison to approaches being undertaken in the United States. An example of such initiatives, the Svalbard Global Seed Vault in Norway, is meant to act as a global back up for other nation’s seed vaults. However, Norway’s laws do not allow for genetically modified organisms (“GMOs”) to be imported, including seeds from genetically modified plants. The United States needs to make sure that domestic vaults are protected by proper regulations …

Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney

Seattle Journal of Environmental Law

Until the recent decision of American Farm Bureau Federation v. U.S. EPA, the EPA’s total maximum daily load (TMDL) regulation under the Clean Water Act contained no substantive standard for water quality. However, in this decision, the Third Circuit added such substantive criteria to the TMDL, which should have a monumental effect on the improvement of water quality standards in the United States.

Environmental Regulations And The Trans-Pacific Partnership: Using Investor-State Dispute Settlement To Strengthen Environmental Law, Ai-Li Chiong-Martinson

Seattle Journal of Environmental Law

The highly publicized Trans-Pacific Partnership (TPP) trade agreement has reignited a long-running debate between environmentalists and free trade advocates about the impacts of the investor-state dispute settlement (ISDS) system on the global economy and environmental preservation. The ISDS provision potentially gives foreign investors the right to challenge domestic regulations intending to protect the environment if those regulations discriminate against foreign investors and result in substantial monetary loss to the investors’ property. Critics of the TPP argue that we should learn from the troubling legacy of the North American Trade Agreement (NAFTA), which, according to critics, overwhelmingly favored investors over states …

Of Mines And Men: Toward A Foundational Theory Of The Rise, Evolution And Decay Of Property, Guillermo Arribas Irazola

Seattle Journal of Environmental Law

Why and how is property created? Through a historical analysis, this paper proposes that property is created not out of ideology, but by chance. Depending on the resources encountered by newcomers, a rising civilization will establish property through a centralized controlling government (a top-down system) or through people’s recognized possession (a bottom-up or Lockean system). In the former, the government will create and allocate property at its own discretion, while in the latter, the government will recognize and provide protection for the property of individuals.

When the Spaniards conquered Peru in the 1528, they found immense amounts of gold and …

Hanford Nuclear Site: Remediating To A Standard Safe For All Or Some?, Dylane Jacobs

Seattle Journal of Environmental Law

The cleanup of the Hanford Nuclear Site is one of the largest cleanups undertaken in the U.S. and is governed by many Federal and State environmental statutes. While CERCLA and the later SARA amendments should require the U.S. Department of Energy to clean up the site to a level acceptable for Native American tribes, thus far they have failed to do so. The U.S. Department of Energy can, and should, act to be more effective at remedying the injustices and cleanup of Hanford to the level needed for the historical use of the land.

The New York State Court Of Appeals Provides “Crystal Clear” Guidance On Fiduciary Duties, Biagio Pilato, John Clarke

Journal of Vincentian Social Action

The practice of law requires that every attorney adhere to a strict code of professional conduct. In New York State that code is found in Part 1200 Rules of Professional Conduct, [22 NYCRR 1200.]. It is Part 1200 Rule 1.15 that applies in this case. Rule 1.15 concerns an attorney’s fiduciary duties with regards to client’s property and money. It is well established that fiduciaries must carry out their duties zealously. There exists for fiduciaries an expectation of total and complete performance of their duties. Therefore, for attorneys and fiduciaries in all businesses and professions the standard is the “punctilio …

Table Of Contents, Marc E. Gillespie

Journal of Vincentian Social Action

No abstract provided.

Editors, Marc E. Gillespie

Journal of Vincentian Social Action

No abstract provided.

Cover Page, Marc E. Gillespie

Journal of Vincentian Social Action

No abstract provided.

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review

No abstract provided.

How To Enhance Interdisciplinary Competence—Interdisciplinary Problem-Based Learning Versus Interdisciplinary Project-Based Learning, Mirjam Brassler, Jan Dettmers

Interdisciplinary Journal of Problem-Based Learning

Interdisciplinary competence is important in academia for both employability and sustainable development. However, to date, there are no specific interdisciplinary education models and, naturally, no empirical studies to assess them. Since problem-based learning (PBL) and project-based learning (PjBL) are learning approaches that emphasize students’ collaboration, both pedagogies seem suitable to enhance students’ interdisciplinary competence. Based on the principle of constructive alignment and four instructional principles on interdisciplinary learning, this paper proposes that students profit more from interdisciplinary PBL (iPBL) than interdisciplinary PjBL (iPjBL). A pre-post study was conducted with a sample of 95 students participating in iPBL and 183 students …