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Full-Text Articles in Law

Efforts To Split The Ninth Circuit Unsuccessful In The 109th Congress, Carl W. Tobias Nov 2006

Efforts To Split The Ninth Circuit Unsuccessful In The 109th Congress, Carl W. Tobias

Law Faculty Publications

No abstract provided.


Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges Oct 2006

Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges

Law Faculty Publications

Ellen Dannin's excellent book, Taking Back the Workers' Law, reminds us of the importance of labor as reflected in the enactment of the National Labor Relations Act in 1935.


Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges Jul 2006

Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater ...


From The Treasurer: Another Positive Year For Aall., Joyce Manna Janto May 2006

From The Treasurer: Another Positive Year For Aall., Joyce Manna Janto

Law Faculty Publications

This article reports on the fiscal health of the American Association of Law Libraries in 2006, including statements of assets and activities.


The I.R.S.'S Shotgun Marriage, Shari Motro Apr 2006

The I.R.S.'S Shotgun Marriage, Shari Motro

Law Faculty Publications

Professor Motro argues against current federal tax policy permitting married couples joint filing status regardless of actual economic unity or lack thereof.


Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges Apr 2006

Strategies For Combating Sexual Harassment: The Role Of Labor Unions, Ann C. Hodges

Law Faculty Publications

This article will discuss the role that unions do play and the role that they can play in eliminating workplace harassment. First, the article will discuss the problem of harassment in the workplace, documenting its frequency and analyzing its forms. Section II will include an examination of harassment in the unionized workplace. Section III will propose a number of reasons that unions should take the lead in addressing workplace harassment, some focused on workers' rights and others on union selfinterest. Finally, in Section IV, the article will recommend several approaches for unions that desire to be in the vanguard of ...


A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart Jan 2006

A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart

Law Faculty Publications

No abstract provided.


Six Thinking Hats For The Lorax: Corporate Responsibility And The Environment, Robert F. Blomquist Jan 2006

Six Thinking Hats For The Lorax: Corporate Responsibility And The Environment, Robert F. Blomquist

Law Faculty Publications

No abstract provided.


Ten Vital Virtues For American Public Lawyers, Robert F. Blomquist Jan 2006

Ten Vital Virtues For American Public Lawyers, Robert F. Blomquist

Law Faculty Publications

No abstract provided.


Judge Posner's Dissenting Judicial Oeuvre And The Aesthetics Of Canonicity, Robert F. Blomquist Jan 2006

Judge Posner's Dissenting Judicial Oeuvre And The Aesthetics Of Canonicity, Robert F. Blomquist

Law Faculty Publications

No abstract provided.


Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch Jan 2006

Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


Planning For End-Of-Life Health Care Decisions--What National Survey Results Reveal, Linda S. Whitton Jan 2006

Planning For End-Of-Life Health Care Decisions--What National Survey Results Reveal, Linda S. Whitton

Law Faculty Publications

No abstract provided.


Law School Education And Liberal Cle, Jay Conison Jan 2006

Law School Education And Liberal Cle, Jay Conison

Law Faculty Publications

In the fall of 2002, several organizations in the fields of law and legal education jointly sponsored the Second Indiana Conclave on Legal Education.1 The purpose of the meeting was to assess the status of legal education in the State of Indiana, both in law school and beyond; identify goals that could guide the improvement of legal education; and map out means to achieve those goals. Within this general framework, the Conclave emphasized issues relating to core values of the profession; more particularly, instilling and supporting them in the face of great changes in the profession and society. The ...


Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart Jan 2006

Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart

Law Faculty Publications

No abstract provided.


Bapcpa And Commercial Credit: Who (Sic) Do You Trust, David G. Epstein Jan 2006

Bapcpa And Commercial Credit: Who (Sic) Do You Trust, David G. Epstein

Law Faculty Publications

Trying to understand and apply the many different provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has caused people to yearn for the "good old days." At the National Conference of Bankruptcy Judges' (NCBJ) Annual Meeting in San Antonio in October 2005, there was a lot of talk about the "good old days" and some singing "'bout the good old days" at the NCBJ "Final Night Dinner" by a larger than life (at least as large as Sally Struthers), Wynonna Judd. And this has caused me to remember a daytime television show from my good ...


Reports Of Cases In The Court Of Exchequer In The Time Of King Charles I (1625 To 1648), William Hamilton Bryson Jan 2006

Reports Of Cases In The Court Of Exchequer In The Time Of King Charles I (1625 To 1648), William Hamilton Bryson

Law Faculty Publications

This collection of previously unreported plea-side cases from the Court of Exchequer in the seventeenth century will be welcomed by legal historians. What we know about the growth of the common law in the early modern era has been largely derived from printed sources. The reality, however, is that a great many of the decisions of England's common law courts in the seventeenth and eighteenth centuries were never reported. No official court reporting existed until well into the nineteenth century. For the most part in earlier times, judicial decisions were brought into print only when enterprising individuals (often young ...


Reassessing Charitable Immunity In Virginia, Carl W. Tobias Jan 2006

Reassessing Charitable Immunity In Virginia, Carl W. Tobias

Law Faculty Publications

Although most states have legislatively or judicially abolished the once-prevalent doctrine of charitable immunity, the Supreme Court of Virginia and the Virginia General Assembly have essentially retained the doctrine intact. Moreover, the Supreme Court of Virginia has declared on numerous occasions that it is the prerogative of the General Assembly, not the court, to abolish charitable immunity. Because Virginia doctrinal developments which involve charitable immunity do not comport with trends across the country and have significant implications for plaintiffs, and for defendants which assert charitable immunity, these doctrinal developments warrant analysis. This essay undertakes that effort.


Drinking From A Deep Well: The Public Trust Doctrine And Western Water Law, Carol N. Brown Jan 2006

Drinking From A Deep Well: The Public Trust Doctrine And Western Water Law, Carol N. Brown

Law Faculty Publications

American water law reflects the diverse geography and population patterns of this expansive country.1 In the eastern states, where water is rather abundant, the doctrine of riparian rights dominates water law.2 The arid western states, in contrast, rejected the doctrine of riparian rights in favor of the doctrine of prior appropriation due to a natural scarcity of water and increasing population growth.3 The western states provide fertile ground to consider the burdens of a rapidly growing region on already scarce water resources.4 My thesis is that the public trust doctrine is being underutilized by the states ...


Islam, Azizah Y. Al-Hibri Jan 2006

Islam, Azizah Y. Al-Hibri

Law Faculty Publications

This chapter is to seek the lore, law, and life of marriage and family in Islam in their genesis and in their exodus, in their origins and in their diasporas.


Divine Justice And Human Order: An Islamic Perspective, Azizah Y. Al-Hibri Jan 2006

Divine Justice And Human Order: An Islamic Perspective, Azizah Y. Al-Hibri

Law Faculty Publications

This essay will argue that there is a unified worldview that permeates the Qur'an, and that makes it a seamless web of ideas, so that each verse cannot be properly understood without reference to others.


The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.


"True Threats" And The Issue Of Intent, Paul T. Crane Jan 2006

"True Threats" And The Issue Of Intent, Paul T. Crane

Law Faculty Publications

This Note will proceed in five Parts. Part I will serve as a short introduction to the category of true threats and its place within First Amendment jurisprudence. Part II will examine the history of true threats and intent leading up to Virginia v. Black, highlighting the foundational opinion of Watts v. United States and the various intent approaches that became available in its wake. Part III will discuss the potential interpretations of the language in Black, and Part IV will explain how lower courts have treated the Court's definition of true threats in Black. Finally, Part V will ...


Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), J. Rodney Johnson Jan 2006

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2005-2006), 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 2006 Session. In addition, there were six opinions from the Supreme Court of Virginia during the period covered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.


Planning The Funeral At The Birth: Extended Producer Responsibility In The European Union And The United States, Noah M. Sachs Jan 2006

Planning The Funeral At The Birth: Extended Producer Responsibility In The European Union And The United States, Noah M. Sachs

Law Faculty Publications

This Article examines how governments in the world's two largest economies are diverging in their approaches to regulating hazardous products and packaging, with major ramifications for manufacturing, waste management, and trade. The European Union is implementing product-oriented environmental regulation based on the principle of Extended Producer Responsibility ("EPR"), which assigns responsibility to manufacturers to take back their products after consumers discard them. In theory, EPR could dramatically alter production practices by internalizing externalities from products and providing incentives for environmentally friendly design. However, practical problems of implementation raise questions about the effectiveness of EPR as a policy tool.

This ...


Linguistics And Claim Construction, Kristen Jakobsen Osenga Jan 2006

Linguistics And Claim Construction, Kristen Jakobsen Osenga

Law Faculty Publications

This Article argues that patent claim construction should instead track the way in which we, as readers of a language, attempt to understand what is being conveyed via the written word. First, there is a base level of conventional understanding from which all interpretation starts, an understanding that either a priori exists based on our earlier encounters with the word or is obtained from a dictionary in cases in which we lack previous knowledge. Second, from this conventional understanding, we construct the actual meaning of the term based on a number of linguistic clues. These clues are both internal and ...


Jurisdiction And Discretion In Hybrid Law Cases, John F. Preis Jan 2006

Jurisdiction And Discretion In Hybrid Law Cases, John F. Preis

Law Faculty Publications

An everlasting debate in the federal courts field is which branch of the federal government has the power to control federal jurisdiction. While some commentators and judges assert that the judiciary has the implicit authority to refine the boundaries of its jurisdiction, others argue that Article III vests that authority with Congress only and judicial modification of jurisdiction is illegitimate. In focusing almost entirely on the constitutional legitimacy of the question, this debate has overlooked an important consideration: Even if the judiciary may legitimately wield discretion in setting its jurisdiction, is such discretion functionally appropriate?

This Article argues that such ...


Speech Of Government Employees, Ann C. Hodges Jan 2006

Speech Of Government Employees, Ann C. Hodges

Law Faculty Publications

For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.


Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges Jan 2006

Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges

Law Faculty Publications

The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.


Virginia Practice Series: Real Estate Closings, 5th Edition, W. Wade Berryhill Jan 2006

Virginia Practice Series: Real Estate Closings, 5th Edition, W. Wade Berryhill

Law Faculty Publications

This real estate guide emphasizes practical considerations for conducting closings and solving related problems. It tracks a real estate transaction from its conception to finalization with references to source material and citations to statutes, case law, and other authorities. It also includes detailed outlines of procedures and an extensive presentation of forms, many of them not available in standard reference books, to help you prepare documents more efficiently.


Questioning Quirin, Carl W. Tobias Jan 2006

Questioning Quirin, Carl W. Tobias

Law Faculty Publications

Louis Fisher's new work, Nazi Saboteurs on Trial: A Military Tribunal and American Law3 (Nazi Saboteurs), and his valuable contribution to illuminating Ex parte Quirin merit scrutiny. In this Review, I first descriptively assess Nazi Saboteurs. The Review then treats the monograph's numerous beneficial features and ascertains that it enhances understanding of the important decision in Quirin. I conclude with several recommendations for future analysis of Quirin's impact.