Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 61 - 73 of 73

Full-Text Articles in Law

Using International Law In Somalia’S Post- Conflict Reconstruction, Chiara Giorgetti Jan 2014

Using International Law In Somalia’S Post- Conflict Reconstruction, Chiara Giorgetti

Law Faculty Publications

For the first time since 1991, Somalia has an internationally- recognized government. Established in August 2012, the Somali Federal Government (SFG) has been officially recognized by many nations and international organizations. The process of bringing Somalia fully back into the international community, however, remains long and complex. This Article argues that, in order to be successful, Somalia’s reconstruction must include a robust international law component. By mandating frameworks for action and establishing best practices, international law should guide and strengthen reconstruction efforts.


Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred Jan 2014

Not My Job: Determining The Bounds Of Public Employee Protected Speech, Stephen Allred

Law Faculty Publications

This article reviews the Supreme Court’s rulings in public employee free speech cases, discusses the significant departure from precedent that Garcetti made to those cases, summarizes the Court’s most recent ruling in Lane, and argues that the Court should return to the broader standard the Court originally announced in Pickering.


Fair Use And The Faces Of Transformation, Part I, James Gibson Jan 2014

Fair Use And The Faces Of Transformation, Part I, James Gibson

Law Faculty Publications

The recent Kienitz v. Sconnie Nation case has been the focus of three recent posts in this Intellectual Property Issues series – from me, Doug Lichtman, and Rod Smolla. In Kienitz, the defendant changed a photograph of the mayor of Madison, Wisconsin, into a stylized, high-contrast image, printed on t-shirts that mocked the mayor’s policies. The U.S Court of Appeals for the Seventh Circuit held that the new image constituted a fair use and therefore did not infringe the photograph’s copyright. (The original photo and the stylized version on the t-shirt can be seen here.) In doing so ...


Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges Jan 2014

Cultural Determinants Of Workplace Arbitration In The U.S. And Italy, Ann C. Hodges

Law Faculty Publications

Although Italy and the United States are both advanced industrial economies, the law and practice of workplace arbitration differs significantly in the two countries. This Article explores those variations and analyzes the reasons lbr the divergent evolution of arbitration. The Article concludes that histon'cal and cultural differences in legal systems and labor and employment relations are explanatory forces. While the United States could provide a more balanced system of arbitration by learning from the Italian systems greater protection of workers, given the current reality neither system seems likely to undergo significant change in the near fiiture.


Administrative Law, John Paul Jones Jan 2014

Administrative Law, John Paul Jones

Law Faculty Publications

This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.


The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol N. Brown Jan 2014

The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol N. Brown

Law Faculty Publications

This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, 1 specifically focusing on the Lucas nuisance exception. I surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. I identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts' findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.


Reports Of Cases In The Court Of Chancery From The Time Of Lord Harcourt (1710-1714), William Hamilton Bryson Jan 2014

Reports Of Cases In The Court Of Chancery From The Time Of Lord Harcourt (1710-1714), William Hamilton Bryson

Law Faculty Publications

The anonymous set of law reports now first published here includes cases from the Court of Chancery from 1706 to 1715, the judicial tenures of Lord Cowper, 1705 to 1708, Lord Harcourt, 1710 to 1714, and Lord Cowper again, 1714 to 1718. There were commissioners to hold the great seal and to sit in the Court of Chancery from 1708 to 1710. Although there are a few cases from the time of Lord Cowper and earlier, the vast majority are reports of cases decided by Sir Simon Harcourt, Lord Harcourt (1661- 1727), who was Lord Chancellor from 1710 to 1714 ...


Observations On Macdonald V. Moose, Kevin C. Walsh Jan 2014

Observations On Macdonald V. Moose, Kevin C. Walsh

Law Faculty Publications

In MacDonald v. Moose, a split panel of the U.S. Court of Appeals for the Fourth Circuit granted a petition for a writ of habeas corpus to undo the state criminal conviction of an adult for soliciting oral sex from a minor. Based on Lawrence v. Texas, the court held a longstanding Virginia prohibition of bestiality and sodomy to be partially facially unconstitutional. Its decision left the bestiality prohibition untouched while holding the sodomy prohibition completely unenforceable, even as applied in cases involving minors.

The panel majority misapplied the deferential standard of review required by Congress for federal ...


Virginia Practice Series: Criminal Offenses And Defenses, Ronald J. Bacigal Jan 2014

Virginia Practice Series: Criminal Offenses And Defenses, Ronald J. Bacigal

Law Faculty Publications

In this 2014-2015 edition, the statutory law is covered through the 2014 Session of the General Assembly. Decisions of the United States Supreme Court are included from the 2014-2015 term. Decisions of the U.S. Court of Appeals and the District Courts in Virginia are issued through August 1, 2014.


Obligations And Potential Liabilities Of Attorneys In Public And Private Offerings, William O. Fisher Jan 2014

Obligations And Potential Liabilities Of Attorneys In Public And Private Offerings, William O. Fisher

Law Faculty Publications

This chapter examines issues that attorneys face when performing services for developing companies, with particular focus on private offerings and the initial public offering ("IPO"). In private and public offerings, both the securities laws and the issuer's interests mandate that the offering document present full and fair disclosure of the issuer's business and financial condition. In assisting an issuer, attorneys share this goal; and can face liability if they err when providing services in such a transaction.


Trademark Law And Consumer Centrality - Part I, James Gibson Jan 2014

Trademark Law And Consumer Centrality - Part I, James Gibson

Law Faculty Publications

The conventional wisdom provides two traditional justifications for trademark law. The first is the “consumer protection” rationale. If there were no trademark law, an unknown soft drink manufacturer could freely use Coca-Cola’s COKE trademark on its goods. If it did so, consumers would be defrauded; they would buy the unknown’s products thinking that they were Coca-Cola’s. Trademark law prevents this sort of fraud from occurring and thereby protects consumers from fraud.

The second justification is the “producer incentive” rationale. In the preceding COKE example, it is not just the consumer who is happy that fraud has been ...


Originalism All The Way Down?, Kurt T. Lash Jan 2014

Originalism All The Way Down?, Kurt T. Lash

Law Faculty Publications

In their new book, Originalism and the Good Constitution, John McGinnis and Michael Rappaport attempt to vanquish what they call constructionist originalism with an approach that I call methodist originalism. Unlike constructionist theories, which allow for non-originalist construction of underdetermined texts, methodist originalism proposes filling in the historical gaps with what McGinnis and Rappaport claim were the originally accepted methods of interpretation. This is originalism all the way down.

It’s a creative effort, and one that appropriately rejects some of the more latitudinous originalist theories currently in play. Unfortunately, the same history McGinnis and Rappaport rely upon fatally undermines ...


Cease, Desist, And Laugh, James Gibson Jan 2014

Cease, Desist, And Laugh, James Gibson

Law Faculty Publications

Anyone who teaches intellectual property law knows how exciting the subject matter can be for students. They inundate professors not only with questions about the classroom material but also with news about emerging technologies, cutting-edge litigation, and legislative initiatives. And the attentive professor will seek to turn these exchanges into teaching moments.

One favorite of students involves a classic intellectual-property mechanism, the cease-and-desist letter. It’s a favorite, I think, because such correspondence can be over the top, and the responses can be quite funny – making this a perfect topic for this April Fool’s edition of IP Viewpoints. [...]