Contemporary Legal Issues
Constitutional Law
Capital Punishment
An Evolving Standard
Tape Date: April 1, 2005

 Format: Panel Discussion

 Host: Professor Angelo J. Corpora 

Guest:   Steven J. Carroll, Esq., The Public Defender for San Diego County and Glenn Smith, J.D., LL.M.  Professor, Constitutional Law, California Western School of Law

 

For Discussion:

 

1.     Introduction of guests, and topic.     Roper v. Simmons (March 1, 2005) 5-4 decision ends the death penalty for minors. Roper further narrows the scope of the death penalty. (insert rule, Roper)

 

2.     What does the 8th amendment mean? What is “Cruel and unusual punishment? (insert 8th amendment) What is the historical context? (Insert ABA Moratorium on Capital Punishment)( 3400+ awaiting executions in 38 states)

 

3.     What has been the American experience with the executions of minors? Adults? How many executions since 1976? How many states? What is the impact of this decision on minors who have been convicted awaiting their sentence? (effects 72 juveniles awaiting execution) (54 adults executed in 2004) (22 juvenile executions since 1976)

 

4.     In 1958 the Court articulated the ”evolving standards of decency that mark the progress of a maturing society” test. Do you believe that we have reached a national consensus against a previously accepted practice?

 

5.     Are we moving to the end of Capital Punishment within American society? Should Capital Punishment be available for the most violent of crimes?

 

6.     Justice Scalia rejects the courts reliance on international standards in his dissent. Should the Court apply an international standard to American Law?

 

7.     Closing remarks

 

Contemporary Legal Issues

Business Law & Ethics
White Collar Crimes

Tape Date: April 8, 2005
Format: Panel Discussion
Host: Professor Angelo J. Corpora
Guest:   Chuck La Bella, Attorney at Law, La Bella and MaNamara, LLP and April Riel, MPA, CPA, CFE, Riel & Associates, Inc.

For Discussion:

1.        Introduction of guests, and topic.

2.        Enron, MCI, Tyco. Background and facts. What is the common thread that runs through all of these cases? 

3.        What to we mean by “gray areas” in the Law? ( Moral minimum, the minimum degree of ethical behavior for lawful conduct or compliance)

4.        What was the Palmieri case about? (Background) What is a Ponzi scheme? Chuck what was your role in this case? April what was your role? Who are the victims?

5.        Corporate Compliance. How will the regulatory environment change in the aftermath of these massive business scandals? Ethical codes of conduct? The Sarbanes-Oxley Act, (15 U.S.C. sec 7701, 4/ 2002)

6.        Closing remarks:  Ethical Leadership. The corporate culture must reflect a greater awareness of social responsibility. 



 

Contemporary Legal Issues
Constitutional Law
The Terri Schiavo Case

 Tape Date: April 15, 2005
Format: Panel Discussion
Host: Professor Angelo J. Corpora

Guest:   Most Reverend, Salvatore J. Cordileone, Auxiliary Bishop of San Diego, Steven Smith, Dean, California Western School of Law, Richard Sheridan, Senior Vice President, General Counsel and Secretary, Scripps Health

For Discussion:

1.     Introduction of guests, and topic.     

2.     Background and facts: Terri Schiavo is in a persistent vegetative state for 15 years. (Brain Dead) Issue: Is there a constitutionally protected right to refuse artificial nutrition and hydration? Cruzan v. Director, MDH, U.S Supreme CT. (1990) Spouse vs. Parents. Who can speak for the patient?

3.     What is the legal standard under California Law? Clear and convincing evidence. Patient’s wishes and best interest. Conservatorship of Wendland, Calif. Supreme CT. (2001) Secular vs. Religious. What is the position of the Catholic Church on artificial nutrition and hydration?

4.     The courts, congress and the president’s role. Separation of powers. Is there a right to privacy? In re Quinlan (N.J. 1976) should this be a public matter or a private decision by the patient? Has the government usurped the role of the judiciary?

5.     Healthcare Directives. What is a living will? What can a Living will cover? Who should have one? (Calif. Advance Health Care Directive) What is a Durable Power of Attorney? (only 33% of Americans have a living will)

6.     Closing Remarks: Dying with Dignity. What is the moral imperative?