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- University of Richmond (7)
- Pepperdine University (5)
- Roger Williams University (4)
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- Cleveland State University (3)
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- University of Colorado Law School (3)
- University of Massachusetts School of Law (3)
- University of Kentucky (2)
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- Loyola Marymount University and Loyola Law School (1)
- Selected Works (1)
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- Publication
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- University of Richmond Law Review (7)
- Pepperdine Law Review (5)
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- Law Faculty Scholarly Articles (2)
- Life of the Law School (1993- ) (2)
- University of Massachusetts Law Review (2)
- Charts and Summaries of State, U.S., and Foreign Laws and Regulations (1)
- Derek T. Muller (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
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- Loyola of Los Angeles Law Review (1)
- Marine Affairs Institute Conferences, Lectures, and Events (1)
- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (1)
- Student Senate Enrolled Legislation (1)
- Western Water Law in Transition (Summer Conference, June 3-5) (1)
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Articles 1 - 30 of 38
Full-Text Articles in Law
Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton
Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton
Life of the Law School (1993- )
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law
Marine Affairs Institute Conferences, Lectures, and Events
No abstract provided.
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan
Life of the Law School (1993- )
No abstract provided.
Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017, Niki Kuckes
Trending @ Rwu Law: Professor Niki Kuckes's Post: 'Disparaging' Trademarks Meet The First Amendment 02-07-2017, Niki Kuckes
Law School Blogs
No abstract provided.
Causation In Whistleblowing Claims, Nancy M. Modesitt
Causation In Whistleblowing Claims, Nancy M. Modesitt
University of Richmond Law Review
his article attempts to bring coherence to the confusion of state whistleblower causation standards by: (1) explaining the causation standards presently used in federal whistleblower protection statutes; (2) identifying the proliferating causation standards used in whistleblower claims brought under state law; (3) assessing the most commonly used causation standards, including exploring the tort causation doctrine and theory that underlie some of these standards; and (4) proposing a uniform standard for causation in state whistle- blower litigation.
A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson
A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson
University of Richmond Law Review
No abstract provided.
A Jurisprudential Divide In U.S. V. Wong & U.S. V. June, Richard J. Peltz-Steele
A Jurisprudential Divide In U.S. V. Wong & U.S. V. June, Richard J. Peltz-Steele
Faculty Publications
In spring 2015, the U.S. Supreme Court decided two consolidated cases construing the Federal Tort Claims Act, U.S. v. Kwai Fun Wong and U.S. v June, Conservator. The Court majority, 5-4, per Justice Kagan, ruled in favor of the claimants and against the Government in both cases. On the face of the majority opinions, Wong and June come off as straightforward matters of statutory construction. But under the surface, the cases gave the Court a chance to wrestle with fundamental questions of statutory interpretation. The divide in Wong and June concerns the role of the courts vis-à-vis Congress — one …
Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham
Remodeling Federal Medical Malpractice Act: A Possible Improvement To The Affordable Care Act, Nancy Kubasek, Tiffany Durham
Loyola of Los Angeles Law Review
During the debates about healthcare reform, the Congressional Budget Office found that federal medical liability reform could drastically reduce federal budget deficits, yet political and legal scholars could not reach agreement about the best way for the Patient Protection and Affordable Care Act (PPACA) to provide such reform. Instead, provisions were made to fund state level demonstration projects. The law that is considered one of the most successful models to date of conventional tort reform is the Medical Injury Compensation Reform Act of California. This Article exams that legislation and discusses how we might use what can be learned from …
The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov
The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov
University of Richmond Law Review
No abstract provided.
State Sovereign Immunity And Intellectual Property: An Evaluation Of The Trademark Remedy Clarification Act’S Attempt To Subject States To Suit In Federal Courts For Trademark Infringements Under The Lanham Act, Jennifer L. Fessler
University of Massachusetts Law Review
There are two things that can be learned from this paper. First, the analytical framework developed by the Court in City of Boerne is a stringent test that has considerably narrowed Congress’s ability to abrogate state’s Eleventh Amendment immunity through legislation. Second, only half of the battle was won when Congress enacted the Trademark Remedy Clarification Act. Although it met the new requirements the Court placed on legislative efforts in Atascadero, it is not able to meet the requirements that were later set forth in Seminole Tribe. The Rehnquist Court’s holdings indicate the Court’s active pursuit of state’s …
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
University of Richmond Law Review
No abstract provided.
Securitization Of Student Loans: A Proposal To Reform Federal Accounting, Reduce Government Risk, And Introduce Market Mechanisms As Indicators Of Quality Education, Robert Proudfoot
University of Massachusetts Law Review
This Article outlines looming budgetary and accounting issues with federal student loans and proposes securitization as an innovative mechanism to reform federal accounting, reduce federal balance sheet risk, and provide a new education quality indicator. The current federal loan program is unsustainable because it overestimates the repayment rates and underestimates the cost of certain loan programs. Securitization will reduce that federal risk. Additionally, by forcing academic institutions to bear some of the risk, securitization will create a neutral pricing mechanism outside the direct control of federal regulators to show whether academic institutions provide a quality education. While complicated, this proposal …
S14rs Sgr No. 34 (Federal Matching Program), Schwartzenburg, Grashoff
S14rs Sgr No. 34 (Federal Matching Program), Schwartzenburg, Grashoff
Student Senate Enrolled Legislation
No abstract provided.
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
Pepperdine Law Review
California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.
Simplifying Federal Criminal Laws , Robert H. Joost
Simplifying Federal Criminal Laws , Robert H. Joost
Pepperdine Law Review
No abstract provided.
Reviving The Federal Crime Of Gratuities, Sarah N. Welling
Reviving The Federal Crime Of Gratuities, Sarah N. Welling
Law Faculty Scholarly Articles
The federal crime of gratuities prohibits people from giving gifts to federal public officials if the gift is tied to an official act. Both the donor and the donee are liable. The gratuities crime is dysfunctional in two main ways. It is overinclusive in that it covers conduct indistinguishable from bribery. It is underinclusive in that it does not cover conduct that is clearly dangerous: gifts to public officials because of their positions that are not tied to a particular official act.
This Article argues that Congress should extend the crime of gratuities to cover gifts because of an official’s …
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
The Policy Against Federal Funding For Abortions Extends Into The Realm Of Free Speech After Rust V. Sullivan, Loye M. Barton
Pepperdine Law Review
No abstract provided.
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Toward A Balanced Approach To "Frivolous" Litigation: A Critical Review Of Federal Rule 11 And State Sanctions Provisions , Byron C. Keeling
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000, Akhil Reed Amar
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman
University of Richmond Law Review
No abstract provided.
The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard
The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard
University of Richmond Law Review
No abstract provided.
The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith
The Skeleton Key: Will The Federal Health Care Reform Legislation Unlock The Solutions To Diverse Dilemmas Arising From The State Health Care Reform Laboratories , Christopher R. Smith
Journal of Law and Health
Given that the Reform Law is not operating on a blank slate, this article examines its impact on the health care reform efforts of three states: Hawaii, Maine, and Vermont. More specifically, this article examines each state’s health care reform plan, the outcomes of each plan in terms of achieving universal coverage or near universal coverage, and the likely impact of the federal health care reform legislation on these plans, with a particular focus on how the federal legislation and state laws will or will not work together to achieve near-universal coverage. The article aims to determine whether the Reform …
Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris
Journal of Law and Health
In order to reduce the large number of human health risks associated with reckless farming practices, Congress must enact federal legislation that requires humane living conditions for farm animals and declares a moratorium on the routine use of unnecessary antibiotics. Part II of this Note will briefly review traditional farming and animal husbandry practices and examine the shift to the modern practices used by producers of animal products today. Part II will also present several farming practices utilized today that are particularly dangerous to human health. Part III of this Note will explore the immense human suffering that is occurring …
Post-Traumatic Stress Disorder In The Military: The Need For Legislative Improvement Of Mental Health Care For Veterans Of Operation Iraqi Freedom And Operation Enduring Freedom, Madeline Mcgrane
Journal of Law and Health
This Note argues that legislation requiring improved mental health treatment for veterans of OIF (Operation Iraqi Freedom) and OEF (Operation Enduring Freedom) is necessary to protect American service members from the dangers of mental illness. In order to prevent crimes and suicides committed by veterans of OIF and OEF as a result of undiagnosed PTSD (post-traumatic stress disorder), the United States Congress should enact legislation imposing requirements on all branches of the military that: 1) mandates screening of all veterans at risk for PTSD upon their return from deployment; 2) ensures veterans are provided with adequate and timely mental healthcare; …
Federal Child Welfare Legislation., Frank Vandervort
Federal Child Welfare Legislation., Frank Vandervort
Book Chapters
This chapter provides a brief overview of federal statutes that impact the practice of child welfare law. Since the enactment of the Child Abuse Prevention and Treatment Act in 1974 (CAPTA), the federal government has played an ever increasing role in handling child maltreatment cases.
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
University of Richmond Law Review
No abstract provided.
The Compact Clause And The National Popular Vote Interstate Compact, Derek T. Muller
The Compact Clause And The National Popular Vote Interstate Compact, Derek T. Muller
Derek T. Muller
Despite previous historical failed attempts to abolish the Electoral College at the federal level, in the months following the 2000 election, several lawyers, politicians, and academics concocted a novel plan to abolish the College at the State level. The National Popular Vote Interstate Compact would be enacted State by State and require each enacting State to give its electoral votes to the winner of a plurality of the national popular vote.
This Article does not attempt to address the merits or drawbacks of the system as a matter of policy. Instead, Part I begins with a brief history of the …
Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center
Short Term Time Off Options For Federal Employees, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie
Federal Child Welfare Law And Policy: Understanding The Federal Law And Funding Process., Miriam Rollin, Frank Vandervort, Ann M. Haralambie
Book Chapters
This chapter provides an overview of federal and uniform statutes that impact the practice of child welfare law.