Law Commons^™

Spirituality, Culture And Tradition: An Introduction To The Role Of Tribal Courts And Councils In Reclaiming Native American Heritage And Sovereignty, Mark J. Wolff

St. Thomas Law Review

No abstract provided.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 8, Issue 1, Fall 1995.

Greetings, Daniel J. Morrissey

St. Thomas Law Review

No abstract provided.

Be Just To One Another: Preliminary Thoughts On Civility, Moral Character, And Professionalism, Mark Neal Aaronson

St. Thomas Law Review

The premise of this Article is that the inability of lawyers to conduct themselves in a reasonable fashion has less to do with a lack of good manners or ignorance about what conduct is expected, but has more to do with not having the strength of character needed to exercise self-discipline when making practical or ethical choices. I focus on civility because it speaks to both the profession's present distress over an apparent deterioration in lawyer behavior and its ongoing interest in lawyers of high moral character. My main agenda is to reintroduce certain ancient, classical ideas about civility as …

Essay: Professionalism, Gender And The Public Interest: The Advocacy Of Protection, Minna J. Kotkin

St. Thomas Law Review

In this Essay, I consider the interaction between relational feminist theory and women lawyers' concepts of professionalism, and I attempt to explore how relational values can be used in a legal world that still defines professionalism in an adversarial, rights-based context. Part II examines some of the empirical work on women in the profession that documents problems of role conflict. Part III looks at the theoretical foundation of that conflict. Part IV offers some personal observations on generational differences in women lawyers' experiences with role conflict that have led me to consider the impact of feminist theory on women's self-perception. …

Remarks: Professionalism And The Courts, Ursula Ungaro-Benages

St. Thomas Law Review

No abstract provided.

Yossarian Is Back, The Ultimate Catch-22: What To Do When The Statute Of Limitations Has Run On Lesser Offenses, Chris L. Kleppin

St. Thomas Law Review

This Comment examines how the courts in Florida have treated the issue of whether, and if so how, to give lesser-included-offense instructions when the statute of limitations has not run on the greater offense but has run on the lesser offenses. The remainder of this Part discusses the relevant aspects of statutes of limitations and lesser-included offenses respectively. Part II of this Comment is a chronological summary, from 1879 to 1980, of Florida cases in which the courts confronted the issue of the statute of limitations and lesser-included offenses. These cases dealt primarily with whether and how jury instructions should …

A View From The North: Aboriginal And Treaty Issues In Canada, Brad W. Morse

St. Thomas Law Review

No abstract provided.

Overview Of The Indian Child Welfare Act, Michael C. Snyder

St. Thomas Law Review

This article provides an overview of these basic Indian Child Welfare Act (ICWA) requirements and judicial interpretations of these requirements. It also includes references to the Federal Guidelines for State Courts. These Guidelines do not have the binding legislative effect of federal regulations, but are helpful in interpreting the ICWA.

Legal Professionalism: Do Ethical Rules Require Zealous Representation For Poor People, Michelle S. Jacobs

St. Thomas Law Review

No abstract provided.

How The Butler Was Made To Do It: The Perverted Professionalism Of The Remains Of The Day, Rob Atkinson

St. Thomas Law Review

No abstract provided.

A Call To Conscience, Bryan O. Walsh

St. Thomas Law Review

No abstract provided.

Modern Tribal Government: Social And Economic Realities And Opportunities, Ross O. Swimmer

St. Thomas Law Review

No abstract provided.

Indian Culture And Spirituality: Some Reflections On The Shaping And Sharing Of Cultural Values, Sherri L. Burr

St. Thomas Law Review

No abstract provided.

Not Just A Private Club: Self Regulatory Organizations As State Actors When Enforcing Federal Law, Richard L. Stone, Michael A. Perino

Faculty Publications

In the Securities Exchange Act of 1934, Congress enacted a comprehensive scheme for regulating the national securities markets. Pursuant to that scheme, the Securities and Exchange Commission was given ultimate authority to enforce the newly enacted securities laws against market participants. The Exchange Act also created a prominent enforcement role for national securities exchanges, like the New York Stock Exchange. Congress required these self-regulatory organizations as a condition for their continued operation to enforce, among other things, compliance by their members with the provisions of the Exchange Act and the rules and regulations promulgated thereunder. The SROs were also given …

Drafting Mediation Privileges: Lessons From The Civil Justice Reform Act, Michael A. Perino

Faculty Publications

Mediation confidentiality provisions or privileges are now prevalent throughout the United States. Forty-one states have enacted some form of mediation privilege. As part of the Administrative Dispute Resolution Act of 1990, Congress enacted legislation to protect confidentiality in mediations involving federal agencies. An additional source for such provisions is the Civil Justice Reform Act of 1990 (CJRA), which required each federal district court to implement a civil justice expense and delay reduction plan (Plan(s)) by the end of 1993. Those Plans seek to implement mechanisms designed to address causes of excessive expense and delay in the federal courts.

A number …

Severability In Statutes And Contracts, Mark L. Movsesian

Faculty Publications

Established doctrine on the severability of unconstitutional statutory provisions has drawn criticism on almost every conceivable basis. Commentators have condemned severability doctrine as too malleable and as too rigid; as encouraging judicial overreaching and as encouraging judicial abdication. They have criticized the doctrine's reliance on legislative intent and its disregard of legislative intent; its excessive attention to political concerns and its inattention to political concerns; its lack of any coherent explanation.

The reasons for this lingering controversy are easy to discern. One is purely pragmatic. "We live in an age of statutes." Legislation provides our primary source of law in …

Front Matter

Animal Law Review

Front matter includes Title Page, Masthead, and Table of Contents for Animal Law Review Volume 1, Issue 1, 1995.

Time For A Sharper Legal Focus, David Favre

Animal Law Review

An introduction to the premiere issue of Animal Law.

Substance Above All: The Utopian Vision Of Modern Natural Law Constitutionalists, Thomas B. Mcaffee

Scholarly Works

Modern natural law constitutionalists assert that the Constitution, properly understood, includes a kind of general trump card in the form of a moral reality which provides (or is, at any rate, thought to provide) a measure of all positive legal acts--whether framed in terms of the values of natural equality, natural rights, or “simple justice.”

This article explores why “trump card” natural law constitutionalism cannot by its nature adequately confront crucial issues of institutional design and democratic theory. In thus putting questions of moral substance ahead of crucial issues of authority, natural law constitutionalism appears to rest on a naive, …

The Supreme Court And Local Government Law 1993-94 Term: Introduction, Howard A. Glickstein

Touro Law Review

No abstract provided.

Multimedia Computing: Copyright Law's "Last Stand", Steven Pepe

Touro Law Review

No abstract provided.

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Scholarly Works

No abstract provided.

An Ethical Education: Community And Morality In The Multicultural University, Mortimer N.S. Sellers

Books

This book considers the ethical basis of fundamental university policies with special emphasis on how issues of community and diversity influence education. The authors raise four central questions in this volume:

- What should the aims of universities be, given their changed demography?

- How should university curricula reflect multicultural society?

- Does the new environment require special treatment of campus speech?

- What role should affirmative action play in promoting diversity or community in the academy?

Griswold V. Connecticut And The Unenumerated Right Of Prvacy, David Helscher

Northern Illinois University Law Review

In 1965, the United States Supreme Court recognized a constitutional right of privacy in marital sexual matters in Griswold v. Connecticut. In the thirty years since the decision, privacy rights have been extended to some areas of sexual expression, reproductive choices and classes of individuals. The right of privacy set out in Griswold has not been extended to all areas of sexual matters. An examination of the landmark case, its historical support for the right of privacy, and subsequent case development draw into question the Supreme Court's 1986 decision in Bowers v. Hardwick and possible future appeals based on an …

Indian Child Welfare Act Of 1978: The Congressional Foray Into The Adoption Process, Brian D. Gallagher

Northern Illinois University Law Review

Adoption law has become the focus of increased media and legal attention in the past few years. In 1978, Congress entered the adoption process, an area traditionally reserved for state regulation, through passage of the Indian Child Welfare Act. This Act was intended to remedy the "wholesale separation of Indian children from their families," which was viewed as being "perhaps the most tragic and destructive aspect of American Indian life ...". This article addresses the effect this Act has had over the past seventeen years. While a definitive statement regarding the success or failure of the act with respect to …

Castration As An Alternative To Incarceration: An Impotent Approach To The Punishment Of Sex Offenders, Kari A. Vanderzyl

Northern Illinois University Law Review

Although recognized as an acceptable form of punishment in other cultures, castration as a punitive measure has traditionally found limited support in the United States. This comment examines the use of castration as a form of punishment, tracing the procedure from its origins in the eugenics movement in the early twentieth century to the recent popularity of chemical castration as an alternative to incarceration for sex offenders. The comment discusses constitutional challenges to the castration of sex offenders and addresses the economic and social policy considerations implicated by the practice. The author concludes that castration represents an unconstitutional and ineffective …

Single-Gender Education: Is It Beneficial To Society?, Claudius E. Watts Iii

Northern Illinois University Law Review

This speech, delivered before the Presbyterian Men of the First and Providence Churches at Hilton Head Island, South Carolina, states the case for single-gender education, arguing that it is not only beneficial, but desperately needed in today's society. Claudius Watts explains that men and women have different needs, different desires, and most importantly, different responses to the environments in which they learn and develop. He argues that The Citadel's program is one specifically designed for training and educating young males to become young men, and that it is exceedingly successful in doing so. Finally, he asserts that equality in South …

The Illinois Parentage Act: Constitutional?, Stephen A. Stobbs

Northern Illinois University Law Review

In Illinois, a putative father's relationship with his child can be arbitrarily terminated by the State. A man who fathers a child and abandons both the mother and child is subject to court termination of his parental rights. However, the same person can actively care for and participate in every way with his child's rearing, and still be subject to court termination of his relationship. In essence, the rule in Illinois is that a father's parental rights are not dependent on the relationship he has with his child, but rather, on a law which ignores the nature of their relationship. …

What's Good For The Goose Is Good For The Gander: Toward Recognition Of Men's Reproductive Rights, Mary A. Totz

Northern Illinois University Law Review

Over the past few decades, gender equality has slowly made its way into many areas of family law where women were once the favored sex. Despite the trend toward treating men and women equally, women continue to have the unilateral right to decide whether a conception, which was jointly formed, will result in parenthood. From the time a pregnancy commences until a fetus is either born or aborted, courts have held that a man has no right to decide whether or not he will become a parent. This comment examines recent changes in society and the law which, in appropriate …