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Articles 1 - 27 of 27
Full-Text Articles in Law
Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan
Book Review Of Out Of Range: Why The Constitution Can't End The Battle Over Guns, By Mark V. Tushnet, Dennis A. Henigan
Journal of Legal Education
No abstract provided.
Animal Law In Court And Congress: A Roundtable With Practitioners, Nancy Perry, Coby Dolan, Jessica Almy, Zak Smith
Animal Law In Court And Congress: A Roundtable With Practitioners, Nancy Perry, Coby Dolan, Jessica Almy, Zak Smith
Journal of Legal Education
No abstract provided.
Environmental Law, Caleb A. Jaffe, Sean M. Carney
Environmental Law, Caleb A. Jaffe, Sean M. Carney
University of Richmond Law Review
No abstract provided.
Construction Law, Christopher G. Hill
Construction Law, Christopher G. Hill
University of Richmond Law Review
This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power ofAttorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in thisarea. This article reports on all of these legislative and judicial developments, along with …
Barack Obama And Congress: How The Rules Of The Caucus Hinder The President’S Legislative Agenda, Jordan Acker
Barack Obama And Congress: How The Rules Of The Caucus Hinder The President’S Legislative Agenda, Jordan Acker
Legislation and Policy Brief
In order to fix the Democratic caucus, strong leadership, combined with effective rules, are needed. First, the overall leadership needs to be restructured according to the ideology of the caucus. While strong leadership may come from the center or the left, it is important that leadership tend toward the center of the caucus, not the national political center. A moderate member of the caucus who is under no threat of removal, such as Senator Schumer, Senator Stabenow, or Senator Durbin, would make effective leaders. Part of the problem with the current leadership is, at times, it has failed to “pull …
Government Transparency And The Obama Era, Ross Schulman
Government Transparency And The Obama Era, Ross Schulman
Legislation and Policy Brief
Government transparency has been a focus of President Barack Obama’s campaign and administration, but effort has been expended on programs that have emphasized policy and legislative transparency over ethical and data transparency. This emphasis is misplaced. During the 2008 Presidential Election, the Obama campaign tapped into a large reserve of predominantly younger people who demanded a connection with the candidates before them. A large part of that connection was focused on the transparency that came from this highly networked campaign. President Obama’s campaign in particular embodied that approach, both through its promises and its actions. Now that the Obama administration …
The Scarlet "L": Lobbying Reform And The First Amendment, Mona Sheth
The Scarlet "L": Lobbying Reform And The First Amendment, Mona Sheth
Legislation and Policy Brief
While the enactment of the Honest Leadership and Open Government Act of 2007 (HLOGA) in Congress shifted the lobbying industry towards heightened transparency and stronger ethics, future reforms of the executive branch threatened the constitutional rights of lobbyists. As the following pages summarize, the collective forces of the 2008 presidential campaign, executive ethics order, and stimulus restrictions also endangered the success of the congressional response. An examination of the Obama Administration’s executive directives and an exploration of the constitutional issues implicated in the ARRA guidance on stimulus funds reveal that disclosure and enforcement are more effective (and constitutional) methods to …
Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman
Disincentives To Data Breach: Problems With Notification And Future Legislative Possibilities, Ross Schulman
Legislation and Policy Brief
In the modern digitized and networked world, personal identifying information has quickly become a commodity that can be traded, sold, or given away like any other. The uses and potential abuses of personal identifying information, however, distinguish this commodity from any other. Personal identifying information can be copied infinitely, is often not protected nearly as well as physical commodities, and, most importantly, can have particular importance to the person identified by that information. The producer of a bushel of apples presumably cares very little about where his apples end up, as long as he is paid for them to begin …
Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin
Armed And Dangerous: The Crime Of Mortgage Fraud And What Congress Must Do To Stop It, Gabriel Zitrin
Legislation and Policy Brief
Instead, it will simply argue that while the relevant monetary policymakers continue far too slowly in the pursuit of mortgage securities reform, lawmakers whose purview includes the housing sector should use this opportunity to pursue a two-part strategy of aggressively combating fraud in the terms and sales of individual mortgages and taking bold measures to ensure that not simply embattled mortgage-holders but the victims of fraudulent lending behavior can achieve financial sustainability, even as they keep ownership of their homes.
Tax Relief In The American Recovery And Reinvestment Act Of 2009, Steven Gassert
Tax Relief In The American Recovery And Reinvestment Act Of 2009, Steven Gassert
Legislation and Policy Brief
On February 17, 2009, less than thirty days after his inauguration, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA). This new law was one of many measures from the new administration designed to quickly stimulate the ailing American economy. The $789 billion package was divided between direct government spending, tax reductions and financial relief to states and individuals. The bill contains $285.6 billion in tax reductions, which is about 36.3% of the legislation. In this article, I will analyze some of the tax provisions that were written into ARRA, and attempt to assess their …
Help America Vote Act Enforcement, Tiana Butcher
Help America Vote Act Enforcement, Tiana Butcher
Legislation and Policy Brief
Although the Help America Vote Act of 2002 (HAVA) features extensive mandates, its enforcement provisions of are weaker than those found in previous federal election reform laws, including the Voting Rights Act and the National Voter Registration Act. Activists argue this limited enforcement power is a failing of the Act. Congress may have chosen to adopt weak enforcement mechanisms due to political posturing, lack of funding, faulty technology, or lobbying by the states. Regardless of the reason behind this choice, stronger enforcement mechanisms in HAVA would, paradoxically, fail to encourage election reform or deter election reform altogether.
Congressional Power To Criminalize "Local" Conduct: No Limit In Sight, Sanford L. Bohrer, Matthew S. Bohrer
Congressional Power To Criminalize "Local" Conduct: No Limit In Sight, Sanford L. Bohrer, Matthew S. Bohrer
University of Miami Law Review
No abstract provided.
State Legislative Update , Josephine Larison, Steven Robson, Elizabeth Russell, Derek Ankrom
State Legislative Update , Josephine Larison, Steven Robson, Elizabeth Russell, Derek Ankrom
Journal of Dispute Resolution
Vermont House Bill 663 would modify current law to follow a national trend of special medical malpractice statutes that require the arbitration of such claims, as well as following a similar trend to limit noneconomic and non-pecuniary damage recovery.' Arbitration for medical malpractice claims has been allowed under state law for more than thirty years. The bill, sponsored by nine members of the General Assembly, sought to amend the "Voluntary Arbitration Chapter," chapter 215 (§§ 7001-7009) and add a provision to section 1913 of Vermont Statute Title 12.
Terrorism Finance, Business Associations, And The "Incorporation Transparency Act", J. W. Verret
Terrorism Finance, Business Associations, And The "Incorporation Transparency Act", J. W. Verret
Louisiana Law Review
No abstract provided.
Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano
Eliminating Earmarks: Why The Congressional Line Item Vote Can Succeed Where The Presidential Line Item Veto Failed, Jason Iuliano
West Virginia Law Review
No abstract provided.
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones
San Diego International Law Journal
This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
San Diego International Law Journal
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of KIPO. Part II will take a brief look at the rationale underpinning Korea’s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, …
The Prohibition Of Large Partnerships In Nigerian Company Law: An Essay Into Postcolonial Legal Atavism, C. George Nnona
The Prohibition Of Large Partnerships In Nigerian Company Law: An Essay Into Postcolonial Legal Atavism, C. George Nnona
San Diego International Law Journal
Nigerian company law requires that partnerships of more than 20 persons be incorporated and penalizes those who conduct business in violation of this requirement. The requirement has its conceptual roots in the affairs that precipitated the English Bubble Act of 1720 and its doctrinal origin goes at least as far back as the Joint Stock Companies Registration, Incorporation and Regulation Act of 1844. This article argues that whatever may be the merits of the requirement as enshrined in English company law, the requirement is unconstitutional when transposed into federal legislation within the current constitutional framework of Nigeria. The article further …
Book Review Of Law's Allure: How Law Shapes, Constrains, Saves, And Kills Politics, By Gordon Silverstein, Paul Horwitz
Book Review Of Law's Allure: How Law Shapes, Constrains, Saves, And Kills Politics, By Gordon Silverstein, Paul Horwitz
Journal of Legal Education
No abstract provided.
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
Fordham Journal of Corporate & Financial Law
No abstract provided.
Legislative Updates, Keyla Bade
Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale
Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale
University of Richmond Law Review
No abstract provided.
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan
Villanova Law Review
No abstract provided.
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury
Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury
West Virginia Law Review
No abstract provided.
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition” , F. E. Guerra-Pujol
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition” , F. E. Guerra-Pujol
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Florida's "Guns-At-Work" Law: Why It Has Employers Up In Arms And What The Florida Legislature Should Do About It, Esther Glazer-Esh
Florida's "Guns-At-Work" Law: Why It Has Employers Up In Arms And What The Florida Legislature Should Do About It, Esther Glazer-Esh
University of Miami Law Review
No abstract provided.