Copyright (c) 2009 University of Louisville School of Law All rights reserved. http://works.bepress.com/louisvillelaw Recent documents in University of Louisville School of Law en-us Sun, 08 Nov 2009 06:55:36 PST 3600 http://works.bepress.com/algeria_ford/3 http://works.bepress.com/algeria_ford/3 Tue, 22 Sep 2009 18:35:19 PDT This note first explores the evolution of the First Amendment, protection of the press, and trial coverage rights generally. It then examines a defendant's rights and the impact of the press on court proceedings and trial fairness; discussing the common approaches to deal with these problems. The final section rejects these approaches, explains why a defendant's right to a fair trial is contingent on limiting press protection and examines the application of this more appropriate remedy in other countries. Algeria Ford Constitutional Law http://works.bepress.com/algeria_ford/1 http://works.bepress.com/algeria_ford/1 Fri, 11 Sep 2009 17:54:03 PDT Cyber-bullying is the use of information and communication technologies to support deliberate, repeated, and hostile behavior by an individual or group, which is intended to harm others. With increasing Internet usage, it has become a serious problem in middle schools. To circumvent liability, some schools have begun implementing waivers that purport to shift tort liability to students or their parents by way of express contract. This article discusses the contract and tort law reasons why these waivers should not be used to limit school liability in middle school cyber-bullying cases. Algeria Ford Contract law http://works.bepress.com/jason_schwalm/2 http://works.bepress.com/jason_schwalm/2 Thu, 23 Jul 2009 20:26:37 PDT Animal hoarding - the practice of collecting a large number of animals but failing to provide them with adequate food, water, shelter and sanitation - presents unique challenges to the legal system. However, in all but a few states, a general anti-cruelty provision is used to prosecute animal hoarders. Some legal scholars have proposed the adoption of specific anti-hoarding statutes. These statutes are meant to address the failure of anti-cruelty laws to effectively punish animal hoarders and deter further hoarding behavior. Instead, legislatures should ensure that existing anti-cruelty statutes effectively address hoarding behavior, by amending the required level of intent, and by ensuring that courts and law enforcement officials are equipped to address the psychological dimension of hoarding behavior. Jason E. Schwalm Animal Law http://works.bepress.com/jason_schwalm/1 http://works.bepress.com/jason_schwalm/1 Tue, 31 Mar 2009 11:46:45 PDT This article examines a long standing Circuit court split concerning the valuation of injunctive relief for the purposes of diversity jurisdiction. Specifically, the note argues that the Sixth Circuit, as the last court to weigh in on this argument, should use the experience of the other circuits in creating a defendant-reliant approach to the valuation of injunctive relief. This approach would acknowledge the defendant-focused nature of injunctive relief and in doing so would reject both sides of the Circuit court split. Jason E. Schwalm Courts Jurisdiction http://works.bepress.com/kathleen_bean/1 http://works.bepress.com/kathleen_bean/1 Wed, 12 Nov 2008 05:33:37 PST This article seeks to identify circumstances that justify a state's refusal to provide reasonable efforts to reunite parents with their abused or neglected children. While the article focuses on the "aggravated circumstances" exception to the federal reasonable efforts requirement, it offers an analytical approach useful to any decision-maker charged with protecting the health and safety of an abused or neglected child. Since 1980, federal legislation has explicitly required states receiving federal foster care dollars to make reasonable efforts to reunite parents with children removed because of abuse or neglect. In 1997, Congress responded to widespread concerns that these efforts were responsible for children being returned to unsafe homes or being left in foster care limbo. Congress's response, the Adoption and Safe Families Act of 1997 (ASFA), identifies three exceptions to the reasonable efforts requirement, one of which is aggravated circumstances. This article uses the aggravated circumstance exception to identify situations where reunification efforts should be denied. ASFA's exceptions, including aggravated circumstances, recognize the harm that results from making efforts to reunite in situations not appropriate for reunification. The reasonable efforts provision recognizes the harm that results from disrupting the parent-child relationship. To best protect a child against both of these harms, a court should first consider all relevant circumstances, including the effects of the parental conduct, any derivative harm to the child, and any remedial efforts by the parents. Before denying reasonable efforts to reunite, the court should also determine that the past or current harm or parental conduct is sufficient to trigger an ASFA exception; determine that reunification efforts are likely to inflict a very serious harm - either a return to a dangerous home or a stay in foster care that is too long; and identify a nexus between the triggering harm and the predicted harm. Kathleen S. Bean Social Welfare Juveniles http://works.bepress.com/russell_weaver/3 http://works.bepress.com/russell_weaver/3 Mon, 13 Oct 2008 14:20:51 PDT Even though no reputable historian denies the existence of the Holocaust, or the six million deaths that resulted, Holocaust denial is on the ascendance. The British Broadcasting Company has suggested that Holocaust survivors are aging and dying off, thereby resulting in more efforts to deny that the Holocaust ever really occurred. In addition, the development of the Internet, and the ease with which it can be accessed, has made it easier for Holocaust deniers to communicate with themselves and others. As one commentator noted, "hate has gone high tech. Hatemongers used to meet in dingy basements; now they meet online. And instead of sending their propaganda in plain brown wrappers to a limited audience, they use the Internet to distribute graphic racist images, Holocaust denials, and venomous music around the globe." Whatever the reason, Holcaust deniers abound. In England, Richard E. Harwood's pamphlet Did Six Million Really Die? dismisses the Holocaust as "mythology" and as a "colossal piece of fiction," and denounces The Diary of Anne Frank as a hoax. In France, Robert Faurisson, a historian, has alleged that Holocaust affirmations "bear the mark of Jewish neurosis and excessiveness" and "look sure to finish one day in the rubbish bins of history." Also, in England, historian David Irving denied that the Holocaust occurred and sued historian Deborah Lipstadt for defamation when she challenged the veracity of his allegations. Holocaust deniers sometimes maintain their own websites setting forth their denunciations and denials. Today, a number of countries have enacted laws prohibiting and criminalizing Holocaust denial. In Europe, denial laws have been enacted by Austria, Belgium, Czech Republic, France, Germany, Lithuania, Poland, Slovakia and Switzerland. In addition, the European Union has adopted legislation criminalizing Holocaust denial, but allowing member states not to enforce the ban if their own laws do not prohibit denial. The European Union's mandate provides for jail terms of up to three years for intentional violations that incite racial hatred based on race, color, religion, descent or national or ethnic origin, or that incite violence by "denying or grossly trivializing crimes of genocide, crimes against humanity and war crimes." Israel also prohibits Holocaust denial. This article examines the French law on Holocaust denial with a particular focus on recent prosecutions of prominent French individuals (often members of the National Front). In addition, it gives American and French perspectives on the Holocaust denial problem and the French prosecutions. As we shall see, the French approach to Holocaust denial is very different than the U.S. approach, and these differences led to quite different positions regarding the validity of Holocaust denial laws. Russell L. Weaver Comparative Law http://works.bepress.com/susan_kosse/21 http://works.bepress.com/susan_kosse/21 Tue, 13 May 2008 07:16:56 PDT The growth and influence of nontraditional media and the convergence of these technological platforms on mainstream media brings a host of new issues surrounding media coverage of high profile trials. Hardly a new phenomenon, the media has made a business of covering high profile trials since before the founding of this nation. But the advent of blogs in 1999 and the growing influence they have on the public further complicates the issue. In addition, adoption of more nontraditional delivery platforms, such as blogs, by traditional media as they strive to retain and enlarge readership confirms the growing influence of these nontraditional sources of information for the public. The impact this technology has on the controversy surrounding media coverage of trials, especially celebrity prosecutions, provides ample fodder to ask whether current United States' media practices and the courts' regulation of these practices best serve the individuals involved, the public and the criminal justice system.Any response to this pretrial publicity explosion needs to be rethought in light of today's new world of communication. This Article analyzes and evaluates many of the current approaches used to balance pretrial publicity against the right to a fair trial and the right to privacy. Concluding these frameworks fail to adequately protect individuals' rights, the Article explores and evaluates suggestions offered by other commentators. Finally, the Article concludes by finding none of these suggestions work but proposes an alternative approach which better balances the freedom of speech, the right to a fair trial and the right to privacy, all of which should be respected as important values in our society. Susan H. Duncan http://works.bepress.com/susan_kosse/20 http://works.bepress.com/susan_kosse/20 Tue, 13 May 2008 07:11:51 PDT This short bar magazine article identifies top six writing errors to avoid. Susan H. Duncan http://works.bepress.com/susan_kosse/19 http://works.bepress.com/susan_kosse/19 Tue, 13 May 2008 06:43:32 PDT This short bar magazine article helps readers see the importance of including thesis paragraphs in their writing. The article suggests helpful tips for writing powerful thesis paragraphs. Susan H. Duncan http://works.bepress.com/susan_kosse/18 http://works.bepress.com/susan_kosse/18 Tue, 13 May 2008 06:42:05 PDT School districts can be liable for peer-on-peer harassment when the school has actual knowledge of harassment, acts with deliberate indifference, and the harassment is severe and pervasive enough to deprive a student of educational benefits. It is unclear whether a school district could ever be liable for their response to harassing behavior that occurred off school grounds and after school hours.This creates a major void in the law because off-campus student designed web pages are becoming more and more common. The web pages are highly critical of other classmates and are written in explicit, often vulgar language. This article explores the tests courts are creating for regulation of student speech and prevention of peer-on-peer harassment and the tensions that result. In light of the sheer number of such pages, this article is not just a far-flung theoretical discussion. Instead it focuses on issues that schools must confront every day. Susan H. Duncan