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Full-Text Articles in Law

Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert Jan 2011

Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert

Canadian Journal of Family Law

No abstract provided.


Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood Jan 2011

Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood

Canadian Journal of Family Law

No abstract provided.


Legal Malpractice Litigation And The Duty To Report Misconduct, Vincent R. Johnson Jan 2011

Legal Malpractice Litigation And The Duty To Report Misconduct, Vincent R. Johnson

Faculty Articles

Lawyers participating in legal malpractice litigation sometimes encounter evidence of serious disciplinary rule violations. Whether, and how soon, those lawyers are required to report this information to grievance authorities is a question that has received little attention from courts and scholars, despite the fact that most states have mandatory reporting rules. The dilemma for lawyers serving as testifying experts is particularly troublesome because nonreporting may result not only in discipline, but testimonial impeachment. The better view is that an expert in a pending case ordinarily has no mandatory obligation to report misconduct. This conclusion is supported by an analysis of …


Is Usda Organic A Seal Of Deceit: The Pitfalls Of Usda Certified Organics Produced In The United States, China And Beyond, Chenglin Liu Jan 2011

Is Usda Organic A Seal Of Deceit: The Pitfalls Of Usda Certified Organics Produced In The United States, China And Beyond, Chenglin Liu

Faculty Articles

American consumers' appetite for organic foods (organics) has dramatically increased since Congress passed the Organic Foods Production Act (OFPA) in 1990. Because the domestic organic food industry has been unable to meet the growing demand for these products, U.S. groceries have increasingly relied on imported organics. Studies show that 40% of organic foods consumed in the United States are imported from over 100 foreign countries.

To regulate organic food production, the United States Department of Agriculture (USDA) accredits certifying agents, which in turn certify organic farms and handlers according to U.S. organic standards. Certifying agents can be state agencies or …


Masthead Jan 2011

Masthead

Saint Louis University Public Law Review

No abstract provided.


Foreword, Lindsey R. Hammitt, Michelle L. Hinkl Jan 2011

Foreword, Lindsey R. Hammitt, Michelle L. Hinkl

Saint Louis University Public Law Review

No abstract provided.


On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kami Kruckenberg Jan 2011

On The Road To Recognition: Irish Travellers’ Quest For Ethnic Identity, Kami Kruckenberg

Saint Louis University Public Law Review

This paper explores and defends Irish Travellers’ efforts to push the Republic of Ireland to recognize them as an ethnic minority group under law. Irish Travellers are a small indigenous minority group who have lived primarily in Ireland for centuries. They rank at the bottom of Irish society in rates of poverty, unemployment, life expectancy, infant mortality, health, education levels, political representation and access, and living conditions. Much like the Roma, with whom they share a nomadic tradition, Irish Travellers are in the midst of a movement to improve living conditions, fight widespread discrimination, and gain recognition as an ethnic …


The Missing Ingredient: How Oft-Overlooked Modern Conflict Of Laws Principles Will Dictate The Reach Of Same-Sex Marriage In America, Alexander V. Maugeri Jan 2011

The Missing Ingredient: How Oft-Overlooked Modern Conflict Of Laws Principles Will Dictate The Reach Of Same-Sex Marriage In America, Alexander V. Maugeri

Saint Louis University Public Law Review

With the start of same-sex marriage in New York, fifteen U.S. states and the nation’s capital now celebrate a form of homosexual union, whether marriage, civil union or domestic partnership. Litigants and scholars—both in favor of and opposed to these legal statuses—have routinely claimed that in the absence of state-level Defense of Marriage Acts, these relationships must be recognized by other states for the full range of purposes including adoption, health and welfare benefits, taxes, and alimony, unless those states have a public policy to the contrary. They claim this consequence follows because of the long-standing American legal rule that …


The Analytic Aposteriori And A New Understanding Of Substantive Due Process That Is Exhibited In The Lived Experiences Of Those Seeking To Marry Someone Of The Same Sex, Vincent J. Samar Jan 2011

The Analytic Aposteriori And A New Understanding Of Substantive Due Process That Is Exhibited In The Lived Experiences Of Those Seeking To Marry Someone Of The Same Sex, Vincent J. Samar

Saint Louis University Public Law Review

No abstract provided.


Engaging Law Students In Leadership, Faith Rivers James Jan 2011

Engaging Law Students In Leadership, Faith Rivers James

Saint Louis University Public Law Review

The new challenge of legal education is preparing civic-minded lawyers to assume leadership roles in their communities, law firms, the legal profession, and in the public square. Defined as the process of influencing and persuading others to achieve a common purpose, leadership describes the lawyers’ task with individual and organizational clients; considered as a characteristic of people in positions of power, lawyers often assume the mantle of leading organizations. Whether defined as process or position, lawyering involves leadership in the private sector or in the public realm.

This article considers the progressive structure of a comprehensive law and leadership program …


The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist Jan 2011

The Theoretical Constitutional Shape (And Shaping) Of American National Security Law, Robert F. Blomquist

Saint Louis University Public Law Review

In order to fathom the theoretical shape of the American national security constitutional system, and to appreciate how that system should be shaped in the future, it is vital to conceptualize the legal field of American national security law as the interaction of four constitutive dimensions. Initially the factual context involves two overarching general concerns: first, the maintenance of the Nation’s strategic advantage over challengers, competitors, and threats to America’s future; and second, the remarkable strategic responsibility of presidents of the United States to deftly shift from one serious, potentially catastrophic, crisis to the next. The second dimension is the …


Organizing Principles: The Significance Of Card-Check Laws, Rafael Gely, Timothy Chandler Jan 2011

Organizing Principles: The Significance Of Card-Check Laws, Rafael Gely, Timothy Chandler

Saint Louis University Public Law Review

The use of “card checks” as a method of union organizing has recently garnered a lot of attention, much of it surrounding the proposed Employee Free Choice Act. If passed, this legislation would amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via union authorization cards. Although the proposed bill has had difficulty gaining traction in the U.S. Congress, several states have recently passed similar legislation covering state and local public employees. In this article, we compare card-check organizing by public sector employees …


They All Laughed At Christopher Columbus When He Said The World Was Round: The Not-So-Radical And Reasonable Need For A Restorative Justice Model Statute, Christopher D. Lee Jan 2011

They All Laughed At Christopher Columbus When He Said The World Was Round: The Not-So-Radical And Reasonable Need For A Restorative Justice Model Statute, Christopher D. Lee

Saint Louis University Public Law Review

No abstract provided.


Table Of Contents Jan 2011

Table Of Contents

Saint Louis University Public Law Review

No abstract provided.


Masthead Jan 2011

Masthead

Saint Louis University Public Law Review

No abstract provided.


Foreword, Robbie Hinz, Emma Schuering Jan 2011

Foreword, Robbie Hinz, Emma Schuering

Saint Louis University Public Law Review

No abstract provided.


Introduction, Lynn S. Branham Jan 2011

Introduction, Lynn S. Branham

Saint Louis University Public Law Review

No abstract provided.


The Myth Of The Fully Informed Rational Actor, Stephanos Bibas Jan 2011

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

Saint Louis University Public Law Review

No abstract provided.


Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love Jan 2011

Collateral Consequences After Padilla V. Kentucky: From Punishment To Regulation, Margaret Colgate Love

Saint Louis University Public Law Review

This Article analyzes the scope of Padilla v. Kentucky, concluding that its logic extends beyond deportation to many other severe and certain consequences of conviction that are imposed by operation of law rather than by the sentencing court. It proposes a set of reforms that would limit the disruptive effect of these so-called “collateral consequences” on the guilty plea process and make a defense lawyer’s job easier. Part I describes a case currently pending in the Pennsylvania Supreme Court that may yield some important clues about how broadly the Padilla doctrine will be applied to status-generated consequences other than …


A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson Jan 2011

A Prosecutor’S Expanded Responsibilities Under Padilla, Robert M. A. Johnson

Saint Louis University Public Law Review

No abstract provided.


“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth Jan 2011

“Collateral” No More: The Practical Imperative For Holistic Defense In A Post-Padilla World . . . Or, How To Achieve Consistently Better Results For Clients, Mcgregor Smyth

Saint Louis University Public Law Review

No abstract provided.


The Implications Of Padilla V. Kentucky On Practice In United States District Courts, Judge Robert Pratt Jan 2011

The Implications Of Padilla V. Kentucky On Practice In United States District Courts, Judge Robert Pratt

Saint Louis University Public Law Review

No abstract provided.


Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff Jan 2011

Incorporating Collateral Consequences Into Sentencing Guidelines And Recommendations Post-Padilla, Michael A. Wolff

Saint Louis University Public Law Review

No abstract provided.


The Fourth Amendment And Unwarranted Gps Surveillance: An Analysis Of The D.C. Circuit Court Of Appeals’ Decision In United States V. Maynard, Margaret C. Eveker Jan 2011

The Fourth Amendment And Unwarranted Gps Surveillance: An Analysis Of The D.C. Circuit Court Of Appeals’ Decision In United States V. Maynard, Margaret C. Eveker

Saint Louis University Public Law Review

No abstract provided.


Table Of Contents Jan 2011

Table Of Contents

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Masthead Jan 2011

Masthead

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Guardianship For Persons With Mental Illness — A Legal And Appropriate Alternative?, Leslie Salzman Jan 2011

Guardianship For Persons With Mental Illness — A Legal And Appropriate Alternative?, Leslie Salzman

Saint Louis University Journal of Health Law & Policy

No abstract provided.


The Ethics Of Representing Clients With Limited Competency In Guardianship Proceedings, Henry Dlugacz, Christopher Winner Jan 2011

The Ethics Of Representing Clients With Limited Competency In Guardianship Proceedings, Henry Dlugacz, Christopher Winner

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Skeletons In The Family Medical Closet: Access Of Personal Representatives To Interoperable Medical Records, Leslie P. Francis Jan 2011

Skeletons In The Family Medical Closet: Access Of Personal Representatives To Interoperable Medical Records, Leslie P. Francis

Saint Louis University Journal of Health Law & Policy

No abstract provided.


New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell Jan 2011

New Governance In Action: Community Health Centers And The Public Health Service Act, Yolonda Campbell

Saint Louis University Journal of Health Law & Policy

No abstract provided.