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Military Space
No full textThe second panel shifted to focus on the issue of the military in space law and the international considerations stemming from such involvement. Panelists emphasized the distinction between the militarization and the weaponization of space and delved deeper into specific provisions of treaties that cover space law. The panel also explored the beginnings of the United States Space Force and pondered its future role
Domestic Relations: Cases and Materials (9th ed.)
No full textThe Ninth Edition continues to incorporate judicial opinions from state, federal, and international courts that illustrate the evolution and dynamism of domestic relations with compelling factual scenarios that illustrate both statutory and common law. Specifically, the casebook utilizes the newly revised Uniform Parentage Act, the federal Family First Prevention Services Act, and other newly enacted statutes pertaining to domestic violence, joint physical custody, and assisted reproductive technology.There are multiple Problems spread throughout the chapters, drawn from actual state and federal judicial opinions, which test student understanding and illustrate the real-life consequences of the legal issues being discussed. And the casebook has been streamlined to provide a logical and concise progression of material, from nonmarital cohabitation to adoption of adults. This logical sequencing permits the book to be used for two, three or four credit courses, especially since there is a statutory supplement offering a more complete view of the ways that statutes affect family law in today’s America.https://scholarship.law.edu/fac_books/1139/thumbnail.jp
Not Lost but Found: Finding Freedom in Submission
No full textOn April 20, 2021, Catholic Law hosted a virtual Faith in Action event that featured alumnus William Haun ’12, Counsel for Becket Fund for Religious Liberty. In his talk, “Not Lost but Found: Finding Freedom in Submission,” Haun spoke about his career—from his time as a law student at Catholic Law to his work at Becket—and how religious liberty litigation represents faith in action. Beyond the biographical description of his career in religious liberty litigation, Haun also underscored the importance of his own faith in his daily life and vocation
But We Didn’t Agree to That!: Why Class Proceedings Should Not Be Implied from Silent or Ambiguous Arbitration Clauses After Lamps Plus, Inc. v. Varela
Get PDFThe application of class arbitrability when a contract is silent on the matter remains a mystery. The Supreme Court has not clarified its stance on class arbitrability and preemptive effects of the Federal Arbitration Act on state law when applied to determine if class arbitrability is available. The purpose of this Paper is to address how the Lamps Plus v. Varela decision created more confusion about the question of class arbitrability. It argues that the failure to address the particulars of the availability of class arbitration will perpetuate litigation on this issue. This Paper suggests that the FAA’s purpose supports the Court’s presumption against class arbitration if the parties do not agree to it during the contracting process and that the use of contra proferentem to create class arbitration is therefore contrary to the FAA’s purpose
Compelled Unionism in the Private Sector After Janus: Why Unions Should Not Profit from Dissenting Employees
Get PDFThis Note examines the impact of the 2018 landmark labor law case Janus v. AFSCME. Janus held it unconstitutional under the First Amendment to require public sector employees to pay fees to a union to which they are not a member. The Supreme Court based their decision on the idea that compelling public employees to subsidize union speech to which they disagreed violated their free speech rights. The author argues that the Court’s holding in Janus should be extended to protect the free speech rights of private sector employees through a finding of state action in the private unionized workplace
Take Note: Teaching Law Students to be Responsible Stewards of Technology
Get PDFThe modern lawyer cannot practice without some deployment of technology; practical and ethical obligations have made technological proficiency part of what it means to be practice-ready. These obligations complicate the question of what constitutes best practices in law school.
Today’s law schools are filled with students who are digital natives who don’t necessarily leverage technology in maximally efficient ways, and faculty who span multiple generations, with varying amounts of skepticism about modern technology. Students are expected to use technology to read, prepare for class, take notes, and study for and take final exams. Professors might use technology to teach or assess student work, but students are often asked to leave technology out of the classroom because of professor expectations about distraction and notetaking. All of this is happening as we attempt to prepare students to enter a profession that is infused with both technological capabilities and obligations, including the rules of professional conduct. These capabilities and obligations will continue to evolve, grow, and change alongside companion changes in technologies.
It is no wonder that some mixed messages emerge in discussions about technology and law student learning. In some cases, we have attempted to clarify these mixed messages using research regarding best practices for learning, but even these good faith attempts can leave students feeling somewhat muddled.
In this article, I revisit a topic I first studied and wrote about ten years ago. Since then, there has been much more research and discussion about the issue of legal technology and some significant changes to the environment in which these discussions occur. My position has only been fortified by developments that have occurred since. I remain convinced that banning technology is bad for law student learning. Now, I am sure it is also bad for their professional development. In fact, we should arguably be inviting more opportunities for technology into the law school curriculum.
This article asserts that law schools have a duty to help students develop best practices and good habits about technology while they are in law school. This means granting students a certain degree of autonomy over their own learning while also encouraging thoughtful deployment of technology as a matter of their professional development