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Ellen S. Podgor, Computer Crime, in Encyclopedia of Crime and Justice (J. Dressler ed., 2nd ed., Macmillan Reference Books, 2001)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli and David S. Leibowitz, “Federalism Whether They Want It or Not”: The New Commerce Clause Doctrine and the Future of Federal Civil Rights Legislation after United States v. Morrison, 3 U. Pa. J. Const. L. 926 (2001)Clicking on the button will copy the full recommended citation.
The Supreme Court's decision in United States v. Morrison represents a continuation of the judicial constriction of Congress' Commerce Clause power that began in United States v. Lopez. Rather than simply distinguishing Lopez and Morrison from its more recent decisions, the Lopez and Morrison Courts revisited interpretive approaches to the Commerce Clause that had lain dormant for more than six decades. This Article first considers Lopez and Morrison in light of the Court's interpretive history with the Commerce Clause. An analysis of this history reveals three dominant interpretive themes, and concludes that the Court's decisions in Lopez and Morrison depart markedly from the interpretive approach taken by the Court since the New Deal. The Article goes on to demonstrate how Morrison in particular signals the resurrection of an interpretive methodology that is more rigidly formalistic and designed to promote more broadly the notion of traditional spheres of state autonomy. Having identified this theoretical shift, the Article discusses the potential implications of this re-emerging, formalistic theory of Commerce Clause jurisprudence for federal civil rights legislation through an analysis of recent constitutional challenges to existing environmental laws.
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Ellen S. Podgor and Barry Sullivan, Respect, Responsibility, and the Virtue of Introspection: An Essay on Professionalism in the Law School Environment, 15 Notre Dame J.L. Ethics & Pub. Pol'y 117 (2001)Clicking on the button will copy the full recommended citation.
The point of this essay can be summed up in the following set of propositions: that the cultivation of professional values - certain attitudes and habits of heart that are thought critical to the practice and culture of the profession - is essential to the education of lawyers; that the cultivation of professionalism necessarily entails the nurturing of a sense of professional self-consciousness and constructive introspection, and an attitude of respect and responsibility towards others - what some would call "caring;" that law schools can go a long way towards encouraging their students in the cultivation of these virtues by creating within the law school community an atmosphere that encourages its faculty to interact with students in ways that take seriously the need to teach professionalism, whether by intellectual engagement with these issues, by example, or otherwise; that such interactions necessarily require faculty time, energy, and availability; and that the competing demands placed on law faculty will prevent that attention from being paid to students unless the faculty and administrative leadership within universities and law schools gives appropriate value and recognition to excellence in this aspect of legal education.
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Darryl Wilson, Elder Law Issues in the Basic Real Property Course, 30 Stetson L. Rev. 353 (2001)Clicking on the button will copy the full recommended citation.
The proverbial "graying of America" has given rise to a constant need to re-evaluate many core areas of substantive law to determine the degree to which they are intertwined with legal issues that are of great concern to senior citizens. This article focuses on the aspects of the basic real property course that intersect with the substantive area known as "Elder Law". Elder law is a diverse field that has grown geometrically in recent years as modern medicine continues to extend our life expectancy. Because we are all living longer elder law issues extend beyond mere concerns of property descent and distribution. While it is certainly true that any of us could pass away at any given moment, the elderly understandably think about death more often than others and are therefore more concerned about their property passing to the parties they choose. But as the elderly continue to press forward they are also anxious about their quality of life and the legal implications of having others assist in the daily legal issues surrounding acquisition, maintenance and transfers of property while they still have a strong body and mind.
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Roy Balleste, Could You Translate This Site for Me – Rating the Usefulness of Translation Software Programs for Law Library Web Sites, 5 AALL Spectrum 4 (2001)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, Home Field Disadvantage: The Negative Impact of Allowing Home Schoolers to Participate in Mainstream Sports, 3 Virginia Journal of Sports and the Law 1 (2001)Clicking on the button will copy the full recommended citation.
Everyone's heard of the proverbial home field advantage in sports whereby the friendly confines of one's own humble abode provides a competitive edge over the inherent stress of being a member of the visiting team in a hostile environment. This article does not aim to analyze the extent to which the psychological perceptions of the home-field advantage manifest themselves into a positive reality. Instead the issues surrounding a more recent phenomenon are explored wherein progressively larger numbers of students are leaving the traditional school setting in favor of being taught at home. The home-schooler, for whatever reason, has become disassociated from the normal group-teaching mainstream environment offered by the more standard, yet varied educational options and instead receives individualized-educational attention literally within the confines of his or her own dwelling. Despite making the choice to avoid the mainstream scholastically, the home-schoolers argue that they are entitled to take advantage of the extracurricular offerings of the mainstream, including band and other arts programs as well as the right to be a member of the best sports teams whether public, private or parochial.
This article initially reviews the evolution of the home-school movement and the quest of the home-school student to participate in sports. The history is followed by an analysis of the arguments for and against allowing participation, along with administrative and legislative responses. The article then assesses whether more subtle and insidious aspects of student-athlete exploitation are the motivating forces behind the home-schoolers desires or whether these exploitative forces have yet to be considered or whether the mere fact that such exploitation is possible is enough to support a ban on the home-schooler becoming the ultimate athletic free agent of secondary education.
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Rebecca C. Morgan, Introduction, Elder Law across the Curriculum, 30 Stetson L. Rev. 1265 (2001)Clicking on the button will copy the full recommended citation.
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Ann Piccard, Narratives of Imprisonment: NPR’s Prison Diaries, 25 Legal Studies Forum 485 (2001)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Compensating for Wetland Losses under The Clean Water Act, National Research Council (The National Academies Press, 2001)Clicking on the button will copy the full recommended citation.
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Ann Piccard, Using Peer Editing to Supplement Feedback, 15 Second Draft 14 (2001)Clicking on the button will copy the full recommended citation.