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Series

2001

Law Faculty Publications

Articles 1 - 30 of 40

Full-Text Articles in Law

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman Oct 2001

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 Oct 2001

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 Sep 2001

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 Apr 2001

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 Apr 2001

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 ...


Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles Jan 2001

Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles

Law Faculty Publications

No abstract provided.


Slowly Returning The "Special Needs" Doctrine To Its Roots, Steven R. Probst Jan 2001

Slowly Returning The "Special Needs" Doctrine To Its Roots, Steven R. Probst

Law Faculty Publications

No abstract provided.


American "Road Rage": A Scary And Tangled Cultural-Legal Pastiche, Robert F. Blomquist Jan 2001

American "Road Rage": A Scary And Tangled Cultural-Legal Pastiche, Robert F. Blomquist

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 Jan 2001

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.


Litigating Age And Disability Claims Against State And Local Government Employers In The New "Federalism" Era, Ivan E. Bodensteiner, Rosalie Levinson Jan 2001

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.


"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 Jan 2001

"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.


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 Jan 2001

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.


State And Federal Constitutional Law Developments, Rosalie Levinson Jan 2001

State And Federal Constitutional Law Developments, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The Ermine And Woolsack: Disciplinary Proceedings Involving Judges, Attorney-Magistrates, And Other Judicial Figures, David R. Cleveland, Jason Masimore Jan 2001

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.


Revamping Veil Piercing For All Limited Liability Entities: Forcing The Common Law Doctrine Into The Statutory Age, Rebecca J. Huss Jan 2001

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.


Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz Jan 2001

Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz

Law Faculty Publications

No abstract provided.


Should We Read Carl Schmitt Today?, D. A. Jeremy Telman Jan 2001

Should We Read Carl Schmitt Today?, D. A. Jeremy Telman

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 Jan 2001

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 ...


Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins Jan 2001

Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins

Law Faculty Publications

An article about how a "more seasoned" law librarian remains fresh in his or her career.


A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias Jan 2001

A Modest Reform For Federal Procedural Rulemaking, Carl W. Tobias

Law Faculty Publications

Following the adoption of the amendments to the Federal Rules of Civil Procedure relating to discovery in 2000, Prof. Tobias notes the lack of empirical research or other indication of how the new rules might work in practice preceding their enactment. He suggests that Congress should reconsider a reject 1983 amendment to F.R.C.P. 83 which would authorize courts to obtain Judicial Conference approval to test promising mechanisms for five years before adoption.


The Practical Scholar, David G. Epstein Jan 2001

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 Jan 2001

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 ...


Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges Jan 2001

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 ...


Religion In American Public Life: Living With Our Deepest Differences, Azizah Y. Al-Hibri Jan 2001

Religion In American Public Life: Living With Our Deepest Differences, Azizah Y. Al-Hibri

Law Faculty Publications

Raise any number of public issues ”health care, education, welfare ”and religious beliefs inevitably shape Americans' viewpoints. On certain topics the introduction of religion can be explosive. This book discusses how we can and why we should hear religious voices in the public square. An American Assembly Book.


Standing At The Precipice: Faith In The Age Of Science And Technology, Azizah Y. Al-Hibri Jan 2001

Standing At The Precipice: Faith In The Age Of Science And Technology, Azizah Y. Al-Hibri

Law Faculty Publications

At the cusp of the second millennium, however, a new age has dawned upon us. It is the Age of Information that emphasizes iuterconnectedness, decentralization, and innovation. This new age tends to promote an organic as opposed to a mechanistic reality. It abandons a hierarchical mechanistic logic in favor of "flattened" networks of relationships. It replaces the ideology of conflict that characterized the Industrial Age with a new ideology of cooperation. It replaces homogeneity with diversity, and centralization with increased participation and democracy. Properly understood and managed, this age can usher in better political, social, and economic relations in our ...


The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher Jan 2001

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 ...


Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash Jan 2001

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 ...


The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash Jan 2001

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 ...


Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2000-2001), J. Rodney Johnson Jan 2001

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.


Adr At The Environmental Protection Agency, Joel B. Eisen Jan 2001

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 ...