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Rebecca C. Morgan, From the Elder-Friendly Law Office to the Elder-Friendly Courtroom–Providing the Same Access and Justice for All, 2 NAELA Journal 325 (2006)Clicking on the button will copy the full recommended citation.
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Peter Lake and Darby Dickerson, Alcohol and Campus Risk Management, Campus Activities Programming (2006)Clicking on the button will copy the full recommended citation.
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Peter Lake and Darby Dickerson, Hazing in the Internet Age, NASPA Leadership Exchange (2006)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, A Case for Recognizing Unenumerated Powers of Congress, 9 N.Y.U. J. Legis. & Pub. Pol'y 551 (2006)Clicking on the button will copy the full recommended citation.
Many federal statutes are justified constitutionally as the regulation of interstate commerce. But it is disingenuous to characterize the Endangered Species Act, anti-discrimination law, and many criminal statues in this way. This article argues that it would be more honest, more straightforward, and better for the nation to recognize explicitly that Congress holds certain unenumerated powers. Using principles developed in the field of unenumerated individual constitutional rights, the article suggests categories for such rights, including fields in which states are discouraged from acting, fields that involve foreign affairs, and fields that implicate national symbols and future ideals. These limits would in turn offer hope for a strengthened system of federalism.
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Roberta Flowers, To Speak or Not to Speak: Effect of Third Party Presence on Attorney Client Privilege, 2 NAELA Journal 153 (2006)Clicking on the button will copy the full recommended citation.
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Linda S. Anderson, Protecting Parent-Child Relationships: Determining Parental Rights of Same-Sex Parents Consistently Despite Varying Recognition of Their Relationship, 5 Pierce L. Rev. 1 (2006)Clicking on the button will copy the full recommended citation.
This article discusses the potentially unseen effects of the different ways states recognize children of same-sex partners. It considers how states can allow or ban civil unions or same-sex marriages without causing uncertainty regarding parental rights and responsibilities. The article proposes changes to the Uniform Parentage Act and state statutes that would cause them to focus on the parent-child relationship rather than on the relationship of the parents.
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Linda S. Anderson, Incorporating Adult Learning Theory into Law School Classrooms: Small Steps Leading to Large Results, 5 Appalachian J.L. 127 (2006)Clicking on the button will copy the full recommended citation.
This article explores aspects of adult learning theory that can be easily applied to law school teaching. It briefly addresses the landscape of legal education today: the traits of law students, pressures to change legal education, and the need to make legal education more effective. After describing several specific principles of adult education, the article offers concrete suggestions for incorporating these ideas by making small changes in the law school classroom that specifically address some of the current concerns about legal education.
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Susan D. Rozelle, The Principled Executioner: Capital Juries’ Bias and the Benefits of True Bifurcation, 38 Ariz. St. L.J. 769 (2006)Clicking on the button will copy the full recommended citation.
Capital jurors are "death-qualified," or asked to verify at voir dire that their views on the death penalty would not prevent them from serving impartially. Ironically, death qualification itself creates juries unfairly biased toward guilt and death. Empirical investigation has demonstrated this skewing effect for over fifty years, and with the release of the recent Capital Jury Project data, any doubts on this score surely have been laid to rest.
Efforts to ameliorate death qualification's prosecutorial bias have been hamstrung, however, by statutory unitary jury requirements like the one found in the Federal Death Penalty Act. Statutes like these, which require that the same jury that determined guilt also determine punishment, place defendants in a double-bind. Death-qualifying a unitary jury before the conviction stage asks jurors to presume the defendant is guilty before the trial has even begun. Waiting to death-qualify the unitary jury until after conviction, however, means jurors will be asked about their willingness to impose death after having heard all the gristly details of the crime, and not a scrap of evidence in mitigation.
True bifurcation offers an escape from the double-bind, but the unitary jury requirement forbids it. This article considers the rationales for the unitary jury requirement, framed as objections to true bifurcation, and proves them to be illusory. As the only real barrier to the improved fairness true bifurcation offers is the statutory requirement itself, that requirement should be abandoned. Surely the principled executioner would agree.
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Louis J. Virelli, Making Lemonade: A New Approach to Evaluating Evolution Disclaimers under the Establishment Clause, 60 U. Miami L. Rev. 423 (2006)Clicking on the button will copy the full recommended citation.
The debate over evolution instruction in public schools has become one of the most important and contentious debates in America. At the heart of that debate is the controversy over the use of evolution disclaimers, statements that challenge the veracity of evolution as an explanation of human origins. In evaluating the constitutionality of these disclaimers under the Establishment Clause, courts have applied a variety of different standards, including the three-part test articulated by the Supreme Court in Lemon v. Kurtzman. These standards, however, all fail to adequately reflect the proper scope of the Establishment Clause by being either overbroad, under-inclusive, or both. This problem is magnified by the recent development of disclaimers that are facially neutral with regard to religion. The emergence of facially neutral disclaimers necessitates a new standard that is free of the shortcomings of preexisting doctrine while offering a consistent and reliable method of evaluating future generations of disclaimers under the Establishment Clause. This Article proposes such a standard, modeled on the disparate impact test used to evaluate facially neutral discriminatory statutes under the Fifth and Fourteenth Amendments. It concludes that the disparate impact model constitutes a stable, objective approach that not only alleviates the weaknesses of existing Establishment Clause doctrine, but brings needed structure to an active and important area of law.