Law Commons^™

Picking Federal Judges: A Note On Policy And Partisan Selection Agendas, Micheal W. Giles, Virginia A. Hettinger, Todd C. Peppers

Scholarly Articles

The importance of lower federal courts in the policymaking process has stimulated extensive research programs focused on the process of selecting the judges of these courts and the factors influencing their decisions. The present study employs judicial decisionmaking in the U.S. Courts of Appeals as a window through which to reexamine the politics of selection to the lower courts. It differs from previous studies of selection in three ways. First, it takes advantage of recent innovations in measurement to go beyond reliance on political party as a measure of the preferences of actors in the selection process. Second, employing these …

Supreme Law Or Basic Law? The Decline Of The Concept Of Constitutional Supremacy, Rett R. Ludwikowski

Scholarly Articles

No abstract provided.

The Business Of Running A Law School, John H. Garvey

Scholarly Articles

I confess that as a faculty member I gave little thought to the business of running a law school. Deans do not have that luxury. Someone has to pay attention to things like the budget, payroll, physical plant, purchasing, admissions, career services, and (most important of all) the kind and quality of service that we provide to students in the classroom. Stated abstractly, we are a nonprofit business that provides a service to about 800 customers each year, and we, like all businesses, have to balance our books. From a business point of view the most interesting challenge we face …

A Tribute To Andrew W. Mcthenia, Jr., Samuel W. Calhoun

Scholarly Articles

A tribute to Professor Andrew W. McThenia, Jr.

Private Or Public Approaches To Insuring The Uninsured: Lessons From International Experience With Private Insurance, Timothy Stoltzfus Jost

Scholarly Articles

In the recent past a broad consensus has emerged in the United States that the best way to expand coverage of the uninsured is to use tax subsidies to encourage the purchase of private health insurance policies. Many advocates of this approach also call for replacing employment-related group policies with individual policies, and for minimizing regulation of private insurance. Those who advocate these policies, however, have rarely considered the experience that other nations have had with private health insurance.

In fact most other countries have private insurance markets, and in many countries private insurance plays a significant role in financing …

Simplification- A Civil Procedure Perspective, Doug Rendleman

Scholarly Articles

No abstract provided.

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Scholarly Articles

No abstract provided.

Corporate And Business Law (Annual Survey Of Virginia Law), Lyman P.Q. Johnson

Scholarly Articles

This article reviews changes in Virginia corporate and business law for the period from June 2000 through May 2001. Part II ex- amines legislative changes in corporate and other business stat- utes (excluding public service corporation and insurance law is- sues) based on Virginia General Assembly action in the 2001

session. Part III reviews judicial decisions during the year, in- cluding decisions addressing agency law, partnership law, and corporate law issues and principles. This article describes these decisions and, in several instances, it also critically analyzes the outcomes. Part IV summarizes a May 25, 2001, Order of the Vir- ginia …

(Reviewing Elizabeth Mensch And Alan Freeman, The Politics Of Virtue: Is Abortion Debatable (1993)), Samuel W. Calhoun

Scholarly Articles

None Available.

Antitrust And The Information Age: Section 2 Monopolization Analyses In The New Economy, A. Benjamin Spencer

Scholarly Articles

None available.

Remedies - The Law School Course, Doug Rendleman

Scholarly Articles

None available.

Restitution As A Remedy In The U.S. Courts For Violations Of International Law, Frederic L. Kirgis

Scholarly Articles

Not available.

What Passes For Policy And Proof In First Amendment Litigation?, Rodney A. Smolla

Scholarly Articles

Not available.

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua A.T. Fairfield

Scholarly Articles

Not available.

Post-Trilogy Science In The Courtroom: What Are The Judges Doing?, Lewis H. Larue, David S. Caudill

Scholarly Articles

Not available.

Bankruptcy Empiricism: Lighthouse Still No Good (Reviewing Teresa A. Sullivan, Elizabeth Warren & Jay Lawrence Westbook, The Fragile Middle Class: Americans In Debt (2000)), Margaret Howard

Scholarly Articles

Not available.

The Ambiguous Significance Of Corporate Personhood, David K. Millon

Scholarly Articles

In the eyes of the law, the business corporation is a person. So, for example, the corporation can own property in its own right; it can sue or be sued, in contract or tort or any number of other causes of action; it can be prosecuted and punished for criminal activity; it enjoys various rights under the United States Constitution; and it is subject to tax liability. In these respects (and others), the corporation bears the legal attributes of an entity existing separately from the various natural persons who participate or have an interest in the corporation's activities. This way …

Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson

Scholarly Articles

This Article analyzes the impact of privatization on the existing Social Security program. Part I describes the structure and status of the current Social Security program Part II describes the principal elements of Social Security reform proposals. Part III critiques the private retirement system and its reliance on individual accounts as primary retirement savings vehicles, and demonstrates why this model is inappropriate as a replacement for the existing Social Security program. Part IV explores the impact of privatization on the public welfare function of Social Security and examines some of the weaknesses in many of the privatization proposals. The Article …

Setting Limits: Medical Technology And The Law, George P. Smith Ii

Scholarly Articles

The allocation and rationing of health care resources is, no doubt, one of the most pressing issues confronting contemporary society. These issues considered from a micro and a macro level of economic analysis are linked inextricably to utilitarianism which, in turn, relies upon a cost-benefit analysis which balances reasonable individual needs against the availability of medical resources within the larger community. From an ethical viewpoint, the cost-benefit approach to the distribution of health care resources is impractical because it seeks to reduce (or convert) all health benefits to dollar amounts, thereby seeking very awkwardly to convert quality of life benefits …

Clinical Legal Education: An Annotated Bibliography, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

Saving Rosencrantz And Guildenstern In A Virtual World? A Comparative Look At Recent Global Electronic Signature Legislation, Susanna Frederick Fischer

Scholarly Articles

This piece focuses on recent global legislative initiatives designed to establish a legal framework supporting electronic signatures. As many governments worldwide increasingly seek to encourage the growth of e-commerce, the enactment of such legislation has become a priority.

May The Child Online Protection Act Rely On Community Standards To Identify Material That Is Harmful To Minors?, Susanna Frederick Fischer

Scholarly Articles

The Communications Decency Act, the government's previous attempt to protect minors from online pornography, was struck down in 1997 on the grounds that it required Internet content to be judged by the standards of the community most likely to be offended by it. Now the Court has agreed to review the constitutionality of the new Child Online Protection Act, which seeks to address the Court's free-speech concerns by regulating Web communications in a manner similar to existing laws restricting minors' access to print pornography.

Non-Legislative Labor Law Reform And Pre-Recognition Labor Neutrality Agreements: The Newest Civil Rights Movement, Roger C. Hartley

Scholarly Articles

A central component of the overhauled union organizing strategy is greater reliance on the pre-recognition neutrality agreement negotiated with an employer whose employees a union is attempting to organize. This article examines these neutrality agreements. Part I locates the neutrality agreement within unions' revitalized approach to organizing." This discussion shows that neutrality agreements can redress four disadvantages unions confront when organizing: employer intimidation, harmful delay, inadequate access to employees, and inability to secure a first contract. These disadvantages, widely understood as contributing significantly to the decline in union membership during the last quarter of the twentieth century, constitute the core …

Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson

Scholarly Articles

Cash balance plans are hybrid plans designed to offer the best characteristics of both defined benefit and defined contribution plans. However, conversions of existing defined benefit plans into cash balance plans are highly controversial because they can significantly reduce the expected retirement benefits of older workers. Because future plan costs are reduced and plan surpluses are often created, the use of surplus plan assets by employers has raised serious concerns. This article describes and analyzes the advantages and disadvantages of using cash balance plans as primary retirement savings vehicles. It argues that the controversy over conversions is really about the …

Misattribution In Legal Scholarship: Plagiarism, Ghostwriting, And Authorship, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh

Scholarly Articles

No abstract provided.

Emerging Trends In Religious Liberty, Robert A. Destro

Scholarly Articles

From a religious liberty perspective, the October 2000 term of the United States Supreme Court was relatively uneventful. The Court decided only one case raising significant religious liberty concerns, Good News Club v. Milford Central School. Good News Club adds little to the First Amendment case law already on the books, but it does provide an excellent opportunity to highlight the growing need for well-informed scholars, both American and foreign, to examine the relationships between and among clauses of the First and Fourteenth Amendments to the Constitution of the United States.

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …

The International Recognition Of Judgments: The Debate Between Private And Public Law Solutions, Antonio F. Perez

Scholarly Articles

This article explores institutional alternatives for balancing the competing trade and non-trade concerns at the national and global levels in relation to the recognition and enforcement of judgments. It argues against a private international law convention of the kind that is currently being negotiated at the Hague Conference on Private International Law, and against quasi-constitutional and constitutional solutions, such as those employed by the European Union and the United States. Rather, the article argues that managing the tensions between trade and non-trade values and between state autonomy and globally established standards can best be achieved through a supplementary agreement in …

Applying Just War Jus Bello Doctrine To Reprisals: An Afghan Hypothetical, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.