Law Commons^™

Beyond Edmunds: The State Constitutional Legacy Of Chief Justice Ronald D. Castille, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Enigma: A Variation On The Theme Of Legal Writing’S Place In Contemporary Legal Education, Ian Gallacher

College of Law - Faculty Scholarship

No abstract provided.

Harper Lee's First Novel: A Review Of Go Set A Watchman, Judy Cornett

College of Law Faculty Scholarship

No abstract provided.

A Response To Professor Sperino's Retaliation And The Unreasonable Judge, Alex B. Long

Scholarly Works

No abstract provided.

What Is Even More Troubling About The "Tortification" Of Employment Discrimination, Alex B. Long

Scholarly Works

No abstract provided.

Marginalized Fathers And Demonized Mothers: A Feminist Look At The Reproductive Freedom Of Unmarried Men, Michael J. Higdon

Scholarly Works

Just last month, in the state of Utah, twelve biological fathers filed suit, challenging the state’s adoption laws — laws the fathers allege permit “legalized fraud and kidnapping.” Specifically, these laws require nonmarital fathers to promptly take legal action in Utah to preserve their paternal rights. A problem arises, however, as mothers from other states have started traveling to Utah specifically to surrender newborn children for adoption. The fathers, unaware that their children are being placed for adoption in another state, fail to take action in Utah and, as a result, are permanently deprived of all parental rights. In that …

Valparaiso Law: 2015 Annual Review, Valparaiso University Law School

Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)

No abstract provided.

The Option To Repair: Good Or Bad, Steven Silverberg

St. Thomas Law Review

Insurance companies that deal with homeowner's insurance strategize around not protecting the insured; unlike the commercials say, "you're in good hands." Rather, their strategy is to "delay, deny, and defend." This is never more prevalent than in the new option to repair provision in many property insurance policies. Due to the ever-evolving nature of insurance and its trying to find more ways to deny claims, insurance companies, such as People's Trust Insurance Company, are employing the option to repair provision, which is anything but trustworthy. Since this provision is new to the state of Florida, the courts have yet to …

The Continuing Relevance Of International Refugee Law In A Globalized World, Guy S. Goodwin-Gill

Intercultural Human Rights Law Review

The movement of people between States continues to be high on national and international agendas. One does not need to look far beyond the headlines to see what a difficult issue it is for States and for regional and international organizations, and how often they make a mess of managing it. Nor does one need to look hard to discover how desperate is the situation of many a migrant, whether in the physical hardships and risk to life and limb encountered during the search for refuge, or in the often incomprehensible and complex web of national laws and procedures with …

Some Thoughts On The Universal Declaration Of Human Rights And The Generations Of Human Rights, Fausto Pocar

Intercultural Human Rights Law Review

In recent legal literature on human rights, a commonly accepted approach has been to classify such rights in terms of generations, divided into three tiers. Scholars often divide and ascribe human rights to their corresponding generation. In this practice, first generation rights comprise civil and political rights and freedoms, second generation rights include economic, social, and cultural rights, and third generation rights implicate such diffused rights as more recently identified in international human rights law, such as the right to peace, development, a safe and healthy environment, sufficient and safe food for all, or the use of natural resources. This …

Catholic Health Care And The Affordable Care Act: A Matter Of Social Justice, Mary Mcdonough

Intercultural Human Rights Law Review

With over a billion members, the Catholic Church is the largest Christian denomination in the world. It also manages twenty six percent of all health facilities worldwide.' In the U.S., where one in six patients is treated at a Catholic hospital, the Catholic health care network is the largest group of nonprofit health care providers in the country. With more than 600 hospitals and 1,400 long-term care and other health related facilities, Catholic health care has been a powerful presence in the U.S. for a long time. The Sisters of Charity were the first religious community to staff a hospital …

A Human Right To Health: Is There One And, If So, What Does It Mean, Carol Castleberry

Intercultural Human Rights Law Review

The human right to health, maybe more than any other right, uncovers disparities in respect for the human dignity of persons, based on race or ethnicity, socioeconomic status, geographic location, gender or sexual orientation, age, mental health, disability, and other characteristics. This article discusses the place of the human right to health in international law: whether a human right to health exists at all and, if so, what that means. It will illustrate that while the right to health is not universally legally enforceable the realization of the right to health is indeed progressing. The 1948 Universal Declaration of Human …

Rescuing The People Of Tuvalu Towards An I.C.J. Advisory Opinion On The International Legal Obligations To Protect The Environment And Human Rights Of Populations Affected By Climate Change, Mariya Gromilova

Intercultural Human Rights Law Review

2014 has been announced by the U.N. General Assembly as the "International Year of Small Island Developing States" with the goals of raising awareness of the Small Island Developing States' (SIDS) unique developmental challenges in relation to a range of environmental problems including climate change, and of fostering the ambition to find solutions for these vulnerable States.' However, the way in which international law is constructed runs counter to the ambitions of the General Assembly. The people of Tuvalu, one of the SIDS, are not to blame for climate change, yet they experience its most severe impacts. Regardless of the …

Finding New Inspiration In The Adaaa, Alex B. Long

Scholarly Works

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 27, Issue 1, Spring 2015.

The Uk Insurance Act 2015: A Restatement Of Marine Insurance Law, Attilio M. Costabel

St. Thomas Law Review

The doctrine of utmost good faith is a fundamental tenet of the law of marine insurance. In both Britain and the United States (majority view) the law of marine insurance imposes a duty of "utmost good faith," or uberrimae fidei. This duty sets a high standard: the to contracts of marine insurance must not only avoid fraud and misrepresentation, but they are required to disclose voluntarily "every material circumstance." This principle dates back to the seminal 1766 English case Carter v. Boehm, and has gradually been adopted by a majority of the American courts. However, something unusual happened in February …

Mixed Transactions For Goods And Services: The Need For Consistency In Choosing The Governing Law, Austin Bodnar

St. Thomas Law Review

Imagine you are about to lose your home insurance after your provider contacted you stating that all homes with a pool are required to have a fence around the property. You quickly find a company that sells and installs fences and enter into a contract with them. You pay a fortune for the fence, but your insurance is saved. Shortly thereafter, the fence proves to be faulty, and the company refuses to fix the problem. Now, you sue under certain warranties that are provided by the Uniform Commercial Code ("U.C.C."), but the court finds that the U.C.C. does not apply …

Law-Abiding Illegal Aliens: Paying Taxes For The Chance Of Legal Immigration Statuts, Or Not, Giseli Lemay

St. Thomas Law Review

The tension between the IRS regulations requiring unauthorized immigrants to file taxes, and the United States Department of Homeland Security ("DHS") prohibiting these same individuals from lawfully working in the United States, is an ongoing controversy in this country. The DHS, by means of its Immigration and Nationality Act ("INA") regulations, penalizes unauthorized immigrants who falsely claim to be United States citizens for purposes of obtaining employment, irrespective of whether the aliens filed and paid their taxes. This Comment will focus on the inconsistencies between the IRS and the DHS, and suggest a proposal for amending the INA. Part I …

Unfair Foreclosure Process: Protecting The Tenants That Pay Your Mortgage, Dania L. Sancho

St. Thomas Law Review

This comment addresses the problem tenants face when their rights are violated. Part II explains the different types of foreclosure actions, including judicial foreclosure in Part II(A), and non-judicial foreclosure in Part II(B), while Part II(C) describes the twenty-first century crisis in the United States. Part III of this comment explains the Protecting Tenants at Foreclosure Act of 2009, an act created by Congress in 2009 to help the affected tenants during the crisis.' Further, Part IV explains the different types of ownership and property rights. Part V contrasts the Protecting Tenants at Foreclosure Act of 2009 and current law." …

Dedication To Freedom, Emily Houh

Faculty Articles and Other Publications

This special volume of the Freedom Center Journal comprises two issues, both dedicated to the tenth anniversary of the National Underground Railroad Freedom Center ("Freedom Center"), which first opened its doors in 2004.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

In this issue of the ILSA Journal of International and Comparative Law we have target problems that go across borders, affecting millions, without a distinction on their nationality.

Does The Provision For Irish Prisoners To Keep In Contact With The Outside Environment Require Reform?, Adrian Berski

Reports

The law of the Republic of Ireland provides that prisoners’ maintain rights in order to conduct connections with the outside world. It is important to mention that currently they are 3,747 people in Irish prisons[1]. This population have rights before the law and they shouldn’t be unreasonable deprived of rights or liberties.

By maintaining a connection with the outside world means that normal elements of the reintegration process can be maintained. This has a significant impact for further prisoner reintegration. It includes rights to visits, correspondence, voting, etc.

The main sources of law, which regulates prisoners’ rights in …

A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux

Psychology Faculty Scholarship

The field of psychology and law, including forensic psychology, is an exciting concentration of research activity and student training and has grown rapidly, but to what extent have teaching and training efforts in the field been systematically catalogued and evaluated? We conducted a historical review and content analysis of the American and Canadian literature on the scholarship of teaching and training in the field. This review catalogs (a) information related to the development of training and teaching, (b) descriptions of programs and courses at various levels, and (c) articles on teaching resources or techniques in this field. We hope it …

Restorative Justice: Review Of Existing Literature, International Norms And Best Practice., Princess Chavez, Christine Cinco, Darragh Drennan

Students Learning with Communities

This report is an annotated bibliography of literature on the practice of restorative justice. It is divided into sections focused on specific aspects of restorative justice and the experiences of a number of European jurisdictions. Each section contains a brief overview of the materials discussed and an exposition of a number of relevant articles. The students completed this research as part of the LLB Bachelor of Law programme. This project was designed and completed in collaboration with the Irish Penal Reform Trust

Corporate Boardroom Diversity: Why Are We Still Talking About This?., Lawrence J. Trautman

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

What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? How might women and people of color best cultivate these skills necessary …

Restating Environmental Law, Tracy Hester, Robert V. Percival, Irma S. Russell, Victor Byers Flatt, Joel A. Mintz

Faculty Works

The American Law Institute's work on Restatements is a monumental legal achievement and has helped bring clarity, consistency and guidance to many fields of U.S. law. ALI has not, however, ever undertaken a major project or Restatement on U.S. environmental or natural resource law. This article describes why U.S. environmental law provides a rich area for ALI to tackle, and it answers preliminary objections that ALI is not well suited for this particular challenge or that U.S. environmental law is a poor candidate for a Restatement or a Statement of Principles.

We also describe an informal effort underway by a …

New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.

Anti-Herding Regulation, Ian Ayres, Joshua Mitts

Faculty Scholarship

In some contexts, an individual’s choice to mimic the behavior of others, to join the herd, can increase systemic risk and retard the production of information. Herding can thus produce negative externalities. And in such situations, individuals by definition have insufficient incentives to separate from the herd. But the traditional regulatory response to externality problems is to impose across-the-board mandates. Command-and-control regulation tends to displace one pooling equilibrium by moving behavior to a new, mandated pool. Mortgage regulators, for example, might respond to an unregulated equilibrium where most homeowners start with 2% down by imposing a requirement that causes most …

Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen F. Shanahan

Faculty Scholarship

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …

Student Press Law: Past, Present, And Future, David R. Wheeler

Theses and Dissertations--Communication

This dissertation will identify and describe the state of the law regarding student speech and press freedom. The following questions will be explored: What rights do young people have? What standards have state and federal courts established? To what extent and how clearly have state statutes defined student expressive rights? What do state laws say about this topic? What issues have yet to be addressed, either because a case has not raised certain issues or because the issue does not lend itself to compromise or a clear solution? How does the capacity of social media for widespread and rapid dissemination …