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Articles 1 - 30 of 38
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A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman
A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman
Law Faculty Publications
The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.
Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …
Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges
Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges
Law Faculty Publications
In 1994, thirty-four countries in the Western Hemisphere met in Miami to begin negotiations designed to establish a comprehensive free trade agreement. The initial meeting led to a "Declaration of Principles" and a "Plan of Action" which committed the signatory countries to take steps toward open markets and free trade in the hemisphere. Subsequent meetings in 1998 and 2001 have moved the countries toward creation of the Free Trade Area of the Americas (FTAA), with an expectation that the agreement will be in place by 2005.
Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner
Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner
Law Faculty Publications
A Supreme Court ruling in a case brought by an assisted-living home doesn't offer much assistance to civil rights lawyers. The ruling in Buckhannon Board & Care Home v. West Virginia will frustrate plaintiffs' efforts to recover attorney fees in litigation to vindicate important societal values such as the prevention of discrimination. But it shouldn't come as a big surprise. Buckhannon is only the most recent of numerous High Court decisions since the 1980s that can complicate attempts by plaintiffs lawyers to secure attorney's fees.
Setting The Record Straight: A Proposal For Handling Prosecutorial Appeals To Racial, Ethnic Or Gender Prejudice During Trial, Andrea Lyon
Law Faculty Publications
No abstract provided.
An Introduction To The Mission And Methodology Of Academic Support, Emmeline Paulette Reeves
An Introduction To The Mission And Methodology Of Academic Support, Emmeline Paulette Reeves
Law Faculty Publications
Academic Support Programs (ASPs) "are an extremely hot issue" in legal education. Earlier this semester, the Law School Admission Council (LSAC) announced that it would fund annual academic support conferences for the next six years, and last fall, the LSAC published an updated handbook on ASPs. The Association of American Law Schools established a permanent section on academic support in 1998. A recent survey of 151 ABA-accredited law schools revealed that 13 7, or 90.7% of the schools surveyed, have an academic support program in one form or another. Within the past year, three Virginia Law schools-the University of Richmond …
Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash
Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash
Law Faculty Publications
Roger Williams was a religious bigot. He never met a church pure enough for his brand of Puritanism, and he never found a congregation worthy enough to have him as its pastor. After alienating every potential ally and provoking every critic, Williams was forced to flee to the wilds of Narragansett Bay in present-day Rhode Island. There, he preached to his remaining congregation- his family- and supported laws prohibiting men from wearing long hair.
In Timothy Hall's illuminating book, the reader is confronted with a flesh and blood Roger Williams who is rather different from the modern myth. Although Williams …
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher
Law Faculty Publications
The fundamental premise of this commentary is that the ALl has erred in not including appropriate nonfinancial fault-based factors in the Principles for three major reasons: 1) other no-fault laws, including no-fault automobile insurance law, no-fault workers compensation law, and strict liability in tort law, have all incorporated a number of fault-based exceptions to their general no-fault framework for serious or egregious conduct, and American divorce law should likewise have a similar fault-based exception for serious or egregious marital misconduct; 2) a substantial number of states continue to recognize and utilize a number of fault-based statutory factors in divorce for …
Adr At The Environmental Protection Agency, Joel B. Eisen
Adr At The Environmental Protection Agency, Joel B. Eisen
Law Faculty Publications
This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental problems. …
Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson
Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Should We Read Carl Schmitt Today?, D. A. Jeremy Telman
Should We Read Carl Schmitt Today?, D. A. Jeremy Telman
Law Faculty Publications
No abstract provided.
"A Fascination Without Scruples": American Popular Culture And Its Corrosive Impact On The Law (Reviewing Richard K. Sherwin, When Law Goes Pop: The Vanishing Line Between Law And Popular Culture (2000))., Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Law Faculty Publications
No abstract provided.
American "Road Rage": A Scary And Tangled Cultural-Legal Pastiche, Robert F. Blomquist
American "Road Rage": A Scary And Tangled Cultural-Legal Pastiche, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss
Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss
Law Faculty Publications
No abstract provided.
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles
Law Faculty Publications
No abstract provided.
Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 4, 1999 - October 1, 2000), Andrea Lyon
Law Faculty Publications
No abstract provided.
Criminal Justice In The Supreme Court: A Review Of United States Supreme Court Criminal And Habeas Corpus Decisions (October 2, 2000 - September 30, 2001), Andrea Lyon
Law Faculty Publications
No abstract provided.
Slowly Returning The "Special Needs" Doctrine To Its Roots, Steven R. Probst
Slowly Returning The "Special Needs" Doctrine To Its Roots, Steven R. Probst
Law Faculty Publications
No abstract provided.
State And Federal Constitutional Law Developments, Rosalie Levinson
State And Federal Constitutional Law Developments, Rosalie Levinson
Law Faculty Publications
No abstract provided.
Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges
Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges
Law Faculty Publications
This article analyzes the question of whether arbitration of statutory claims should be classified as a mandatory or permissive subject of bargaining under the National Labor Relations Act (NLRA). First, this article reviews the post-Wright cases that hold that a union-negotiated waiver is permissible. Second, this article reviews the only decision to consider the issue of classification of the bargaining subject, Air Line Pilots Ass'n, International v. Northwest Airlines, Inc., a case arising in the United States Court of Appeals for the District of Columbia under the Railway Labor Act. In that case, the court concluded that the …
Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass
Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass
Law Faculty Publications
Part I of this Article discusses the natural attraction between Brady-a rule requiring disclosure of evidence favorable to a defendant-and plea bargaining-a practice where such information is at a premium for defendants. Part II describes how an increasing number of courts have adapted Brady to fit in the world of a plea bargain, in the process changing Brady's point of reference from the jury's verdict to the defendant's tactical decision to plead guilty. Part ill argues that this change in focus narrows Brady's substantive coverage and renders the rule practically unenforceable following most guilty pleas. Part IV then assesses the …
Confronting The Reluctant Accomplice, John G. Douglass
Confronting The Reluctant Accomplice, John G. Douglass
Law Faculty Publications
The Supreme Court treats the Confrontation Clause as a rule of evidence that excludes unreliable hearsay. But where the hearsay declarant is an accomplice who refuses to testify at defendant's trial, the Court's approach leads prosecutors and defendants to ignore real opportunities for confrontation, while they debate the reliability of hearsay. And even where the Court's doctrine excludes hearsay, it leads prosecutors to purchase the accomplice's testimony through a process that raises equally serious questions of reliability. Thus, the Court's approach promotes neither reliability nor confrontation. This Article advocates an approach that applies the Confrontation Clause to hearsay declarants in …
The 2000 Federal Civil Rules Revisions, Carl W. Tobias
The 2000 Federal Civil Rules Revisions, Carl W. Tobias
Law Faculty Publications
During April 2000, the United States Supreme Court prescribed a comparatively thorough set of amendments to the Federal Rules of Civil Procedure. These amendments took effect in December 2000. That development represented the culmination of a rule revision proceeding commenced in 1996 by the Judicial Conference of the United States Advisory Committee on Civil Rules (Advisory Committee). Because certain provisos that the Supreme Court included in the 2000 amendments are rather controversial and could alter significant features of modern federal civil litigation primarily involving discovery, these revisions deserve assessment. This Essay undertakes that effort by emphasizing changes in mandatory prediscovery, …
The Practical Scholar, David G. Epstein
The Practical Scholar, David G. Epstein
Law Faculty Publications
Larry King was "the practical scholar" for bankruptcy. In 1992, Harry Edwards, a District of Columbia Court of Appeals judge who has been a lecturer at New York University Law School since 1989, provided a definition of "practical scholarship" that defines Larry's scholarship: "[I]t analyzes the law and the legal system with an aim to instruct attorneys in their consideration of legal problems; to guide judges and other decisionmakers in their resolution of legal disputes; and to advise legislators and other policymakers on law reform.
Don't Call Me A Securities Law Groupie: The Rise And Possible Demise Of The Group Pleading Protocol In 10b-5 Cases, William O. Fisher
Don't Call Me A Securities Law Groupie: The Rise And Possible Demise Of The Group Pleading Protocol In 10b-5 Cases, William O. Fisher
Law Faculty Publications
Corporations often speak through documents. Some, like press releases, may not identify an author. Others, like 10-Ks, bear the signatures of many who did not write them but sign as required by law. In many cases, groups of individuals, working together, prepare these documents. When such documents contain misstatements, plaintiffs may not know initially who wrote them. To address this difficulty, the U.S. Courts of Appeals for the Ninth and Second Circuits created a judge-made pleading protocol. This protocol permits plaintiffs to name officers, and in some cases directors, as defendants in securities fraud cases without pleading specific facts to …
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2000-2001), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2000-2001), J. Rodney Johnson
Law Faculty Publications
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2001 Session. In addition, one Supreme Court of Virginia opinion and three Virginia Circuit Court opinions raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.
The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash
The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash
Law Faculty Publications
The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the articulation of incorporation theory, the abandonment of judicial construction of state common law, and the ascension of textual originalism as the Court's method of constitutional interpretation. I argue that the New Deal Court transcended the political goals of the Roosevelt administration and attempted to restructure the nature of legitimate judicial review in a post-Lochner world. Acting, in effect, as a constitutional convention, the Court not only changed the nature of judicial review, it altered the shape of the Constitution in ways that cut across modern political …
The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore
The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore
Law Faculty Publications
No abstract provided.
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
The Employment Law Decisions Of The October 2000 Term Of The Supreme Court: A Review And Analysis, Ann C. Hodges
Law Faculty Publications
During the October 2000 Term, the Supreme Court delivered major setbacks for employees in Circuit City Stores, Inc. v. Adams, which upheld mandatory and binding arbitration of federal and state employment discrimination claims through arbitration clauses forced upon employees as a condition of employment, and in Board of Trustees of the University of Alabama v. Garrett, which shielded state employers from federal court law suits brought under the Americans with Disabilities Act by victims of disability discrimination in employment. Employees escaped harm in Pollard v. E.I du Pont de Nemours & Co., in which the Court followed nearly unanimous circuit …
Discrimination, Plain And Simple, Henry L. Chambers, Jr.
Discrimination, Plain And Simple, Henry L. Chambers, Jr.
Law Faculty Publications
Over the last decade, the Supreme Court has attempted to simplify Title VII and, with it, discrimination. This process began with the Court's decision in St. Mary's Honor Center v. Hicks, and continued in Sundowner Offshore Services, Inc. v. Oncale. In Hicks, the Court emphasized that the inquiry in a Title VII disparate treatment race-based case should be aimed solely at whether intentional discrimination occurred. In the process, the Court minimized the import of the three-part test for proving discrimination that had been announced twenty years earlier in McDonnell Douglas Corp. v. Green. In Oncale, the Court noted that any …