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Articles 1 - 30 of 111
Full-Text Articles in Law
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz
University of the District of Columbia Law Review
No abstract provided.
Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman
Access To Information, Access To Justice: The Role Of Presuit Investigatory Discovery, Lonny Sheinkopf Hoffman
University of Michigan Journal of Law Reform
What is the relationship between access to information and access to justice? Private parties obviously have many publicly available points of access to the information they seek in order to file a lawsuit. Lawyers can talk to their clients and other willing witnesses. Documents can be gathered. Specific statutes may sometimes permit information to be obtained before a formal lawsuit is brought. On other occasions, however, information needed or desired will lie solely within the exclusive knowledge and control of another The ability of private parties to compel the production of information, documents, or testimony before litigation rarely has been …
The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller
The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller
Michigan Law Review
The first two terms of Franklin Roosevelt's presidency (1933-1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal-era administrative state interacted after these constitutional battles ended. Having overcome constitutional hurdles, these administrative agencies still had to interact with …
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Issue 2: Annual Survey 2007 Table Of Contents
Issue 2: Annual Survey 2007 Table Of Contents
University of Richmond Law Review
No abstract provided.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
University of Richmond Law Review
No abstract provided.
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land
University of Richmond Law Review
No abstract provided.
Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker
Corporate And Business Law, Gregory R. Bishop, Laurence V. Parker
University of Richmond Law Review
In 2005, the Virginia Stock Corporation Act (the "Virginia Act") was extensively revised and updated for the first time since 1985. Having just undertaken such a major revision to the Virginia Act,
the General Assembly further amended the Act in a more targeted fashion in 2006 and 2007. Section II of this article addresses some of the changes that have taken place since the 2005 amendments and gives a brief overview of some conforming changes that have been incorporated in the Virginia Nonstock Corporation Act (the "Nonstock Act").
There has also been a concerted effort to conform the language and …
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Michigan Law Review
In eBay v. MercExchange, a unanimous Supreme Court announced that a new four-factor test should be employed by district courts in determining whether to award an injunction or damages to an aggrieved party whose intellectual property has been infringed. In the context of permanent injunctions in patent cases, district courts have distorted the four-factor test resulting in a "market competition requirement." Under the new market competition requirement, success at obtaining an injunction is contingent upon a party demonstrating that it is a market competitor After consistent application in the first twenty-five district court cases post-eBay, the market competition requirement …
Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic
Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic
Michigan Law Review
Specific exclusion has become a controversial limitation on the doctrine of equivalents, which is itself an essential and controversial area of patent law. The doctrine of equivalents allows a patentee to successfully claim infringement against devices that are outside of the literal reach of the language used by the patentee in her patent to describe what she claims as her invention. The Supreme Court has prescribed some of the outer limits of the doctrine of equivalents and articulated the underlying policy concerns that inform its analysis-noting that courts should balance protection of the patentee's intellectual property with the public's reasonable …
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
University of Michigan Journal of Law Reform
Once in a while, a case will come along that has such an enormous impact on the law that it is certain to draw attention. One such case was the Nathaniel Abraham murder case----a case involving the sentencing of a young eleven-year-old child in a system designed for older juvenile offenders, which demonstrated some of the novel and important issues facing the juvenile courts today. With the onset of such issues, the Juvenile Justice System has developed into a complex field of vital importance. Investing in the Juvenile Justice System allows us to invest in our future. Although frequently viewed …
Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins
Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins
University of Michigan Journal of Law Reform
This Essay considers the emerging research in the area of dual-jurisdiction children, often referred to as "crossover kids "-those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to "track" children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court- a …
The Special Section, Nancy Bellhouse May
The Special Section, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
The Next Generation Of Legal Citations: A Survey Of Internet Citations In The Opinions Of The Washington Supreme Court And Washington Appellate Courts, 1999-2005, Tina S. Ching
The Journal of Appellate Practice and Process
No abstract provided.
Certifying Questions To The Arkansas Supreme Court: A Practical Means For Federal Courts In Clarifying Arkansas State Law, Coby W. Logan
Certifying Questions To The Arkansas Supreme Court: A Practical Means For Federal Courts In Clarifying Arkansas State Law, Coby W. Logan
University of Arkansas at Little Rock Law Review
The purpose of this article is to raise awareness of the authority of federal courts to certify questions to the Arkansas Supreme Court and of some of the undeveloped legal issues surrounding the rule itself. The certification process, allowed under Arkansas Supreme Court Rule 6-8, is neither simple nor inexpensive, but it will most likely be less complicated and expensive than other alternatives available to a federal court and litigants involved in federal court litigation when a question of unclear Arkansas state law presents itself. Certification is treated as an appeal. Therefore, fees and costs are the same as in …
Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer
Apprendi/Blakely: A Primer For Practitioners, Bruce Cunningham, Heather Rattelade, Amanda Zimmer
North Carolina Central Law Review
No abstract provided.
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Comments On Child Abuse Litigation In A "Testimonial" World: The Intersection Of Competency, Hearsay, And Confrontation, Myrna S. Raeder
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Testing The Testimonial Concept And Exceptions To Confrontation: "A Little Child Shall Lead Them", Robert P. Mosteller
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier
Elevating Form Over Substance: Viar V. North Carolina Department Of Transportation And Its Progeny, Trey Collier
Campbell Law Review
This Comment explores the history of Rule 2 of the North Carolina Rules of Appellate Procedure, the controversial ruling of Viar, and how subsequent cases have interpreted the North Carolina Supreme Court's ruling in Viar.
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Children As Witnesses: A Symposium On Child Competence And The Accused's Right To Confront Child Witnesses, Aviva A. Orenstein
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Kids Say The Darndest Things: The Prosecutorial Use Of Hearsay Statements By Children, Tom Lininger
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
The History Of Children's Hearsay: From Old Bailey To Post-Davis, Thomas D. Lyon, Raymond Lamagna
Indiana Law Journal
The papers in this symposium were originally prepared for the Section on Evidence of the 2007 Annual Meeting of the Association of American Law Schools.
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
University of Michigan Journal of Law Reform
The participants in the Thirtieth Anniversary Celebration of the Child Advocacy Law Clinic were all challenged to envision the future of child welfare and to address these questions: What should the law and legal institutions governing children's rights and child and family welfare look like in thirty more years? What steps are necessary to achieve those goals? After setting out the historical and optimistic circumstance in which the Child Advocacy Law Clinic was founded, this Article responds to the organizing questions by presenting the author's vision of the future of child welfare law and practice. When families fail children, what …
Reading Too Much Into Reeder-Simco?, Jeremy M. Suhr
Reading Too Much Into Reeder-Simco?, Jeremy M. Suhr
Michigan Law Review
This Note argues that a careful analysis of the Supreme Court's opinion in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. demonstrates that, despite the expansive dicta appearing in part IV of that opinion, the Court did not intend to reshape the course of its Robinson-Patman Act jurisprudence in any significant way. The Court's opinion operated well within the confines of established Robinson-Patman Act doctrine, even if its searching review of the evidence presented at trial represented a rare foray into the arena of factual error correction. After Reeder-Simco, however, many commentators emphasized the dicta in part IV …
Native America And The Rule Of Law, Dr. Joe Shirley Jr.
Native America And The Rule Of Law, Dr. Joe Shirley Jr.
University of Richmond Law Review
No abstract provided.
When Plaintiffs Are Premium Planners For Their Injuries: A Fresh Look At The Fireman's Rule, Robert H. Heidt
When Plaintiffs Are Premium Planners For Their Injuries: A Fresh Look At The Fireman's Rule, Robert H. Heidt
Indiana Law Journal
No abstract provided.
The United States Federal Judiciary May Not Be A Third, Co-Equal Branch Of Government - What Are The Implications For The Irish Debate On Judicial Activism, Lawrence Donnelly
The United States Federal Judiciary May Not Be A Third, Co-Equal Branch Of Government - What Are The Implications For The Irish Debate On Judicial Activism, Lawrence Donnelly
San Diego International Law Journal
In support of this argument, this essay first examines the language of Article III of the United States Constitution and then briefly reviews the origins of the widely held perception that the federal judiciary is a "co-equal" branch of government. It next considers Borkian constitutionalism, opining that if one is to read the Constitution as Bork urges, this essay's tentative proposition can't be far off the mark. The focus then shifts to the express language of the Irish Constitution, which accords a far greater responsibility to the judiciary than its American counterpart. In this context, it reviews some pronouncements in …
Significant Developments In Veterans Law (2004-2006) And What They Reveal About The U.S. Court Of Appeals For Veterans Claims And The U.S. Court Of Appeals For The Federal Circuit, Michael P. Allen
University of Michigan Journal of Law Reform
Nearly twenty years ago, Congress for the first time created a system for judicial review of decisions denying veterans benefits. Specifically, Congress created an Article I Court: the United States Court of Appeals for Veterans Claims. Veterans dissatisfied with actions of the Department of Veterans Affairs regarding benefits could appeal to the Veterans Court. The United States Court of Appeals for the Federal Circuit provided appellate oversight of the Veterans Court. There simply is nothing like the Veterans Court elsewhere in American law. Yet, despite its uniqueness, there has been little scholarly attention to this institution.
This Article begins to …
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
Efforts To Improve The Illinois Capital Punishment System: Worth The Cost?, Thomas P. Sullivan
University of Richmond Law Review
No abstract provided.