Law Commons^™

Protecting The Ties That Bind: Kinship Relative Care In Florida, Christina A. Zawisza

Nova Law Review

No abstract provided.

J.A.A. V. State: Striking A Balance Between Minors' Right Of Privacy And Florida's Interest In Protecting Minors' Adolescent Development, Gregory R. Beck

Nova Law Review

No abstract provided.

Florida's Hormonal Control Statute: Arguments For Constitutionality Under Florida's Right Of Privacy, Mary E. Clarke

Nova Law Review

No abstract provided.

Here Come The Cybercops 2: Who Should Police Cybermarks, Claire Ann Koegler

Nova Law Review

No abstract provided.

Nova Law Review 22, 2

Nova Law Review

No abstract provided.

Here Come The Cybercops 3: Betting On The Net, Claire Ann Koegler

Nova Law Review

No abstract provided.

We're All Capitalists Now: The Importance, Nature, Provision And Regulation Of Investor Education, James A. Fanto

Case Western Reserve Law Review

No abstract provided.

Focus On Faculty, Richard D. Friedman

Other Publications

Professor Richard Friedman talks about his scholarship and work.

The Wisconsin Deadman's Statute: The Last Surviving Vestige Of An Abandoned Common Law Rule, Shawn K. Stevens

Marquette Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton

University of Richmond Law Review

It does not take long for even a casual observer of criminal and civil trials to make two observations about expert witnesses. The first of these observations comes almost immediately: experts are vitally important to the judicial process. In many trials, the outcome largely depends upon which set of impressively credentialed experts the jurors (and the judge) believe. The second observation generally comes later than the first: a significant amount of shoddy "science," phony logic, faulty analysis, sleight of hand, and other assorted junk enters the courtroom dressed up in the emperor's clothes of expert testimony.

A Literalist Proposes Four Modest Revisions To U.C.C. Article 3, Timothy R. Zinnecker

University of Richmond Law Review

I first taught a Payment Systems class during the fall of 1994. Not having taken the course in law school, and bringing very little "real world" experience in this area of commercial law to the classroom, I approached the task of teaching the course with some degree of fear and trepidation. I had already taught Secured Transactions, so I was familiar with the challenges of teaching a statutory course to a reluctant audience scarred by horror stories of their predecessors. I also audited a Payment Systems course taught by a colleague during the summer, so I had a good start …

Pretending To Upset The Balance: Old Chief V. United States And Exclusion Of Prior Felony Conviction Evidence Under Federal Rule Of Evidence 403, Donnie L. Kidd Jr.

University of Richmond Law Review

The story of an event is often more interesting and informative than the mere fact that the event occurred. Aesop's morals would not be as captivating without the fables that accompany them. The fables tell the reader a story embodying a moral truth. On election night, the ballot tally proves which candidate won, but the voter is interested more in the story of the campaign trail that put the candidate in office rather than a naked statistic comparing voting percentages. The story gives not only the bare idea or fact; it mixes this bare idea or fact with the supporting …

Blood As A Biological "Drug": Scientific, Legal, And Policy Issues In The Regulation Of Placental And Umbilical Cord Stem Cell Transplantation, Jennifer Kulynych

University of Richmond Law Review

Not all blood cells are created equal. Some are born, carry out their appointed tasks-red blood cells oxygenating the blood, white blood cells fighting infection-and die. But an elusive subset have special properties: they are the progenitors of all the many types of peripheral (circulatory) blood cells, and as such, they have the potential to reconstitute an entire blood supply. Known as hematopoietic stem cells, these blood cells reproduce indefinitely. For patients with leukemia or other blood diseases, the transplantation of hematopoietic stem cells from another person's bone marrow can provide the gift of life.

Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky

University of Richmond Law Review

In June, 1997, the Supreme Court ruled that a constitutional right to assisted suicide exists in neither the Due Process nor the Equal Protection Clauses of the Fourteenth Amendment. But while a federal right does not exist, the Court made it quite clear that the states had ample leeway in which to fashion law on this issue; moreover, the concurring opinions of five Justices strongly implied that, should the states enact legislation that would severely limit end-of-life choices, the Supreme Court would revisit the issue. Far from slamming the door shut on assisted suicide, the Court left it more than …

A Matter Of Power: Structural Federalism And Separation Doctrine In The Present, Frances Howell Rudko

University of Richmond Law Review

Public reaction to the 1823 Supreme Court decision in Green v. Biddle prompted John Marshall's letter to Henry Clay, who had argued the case as amicus curiae for the defendant. The letter is significant because Marshall, who had been a legislator himself, candidly expresses not only his personal dissatisfaction with the congressional assault on the 1823 decision but also the constitutional basis for his opinion. The significance of Marshall's extrajudicial opinion becomes more apparent when it is considered in the aftermath of the recent tug-of-war between Congress and the Court which culminated in the decision in City of Boerne v. …

Students' Rights And How They Are Wronged, Nadine Strossen

University of Richmond Law Review

Defending and enhancing the rights of students and young people has always been a major priority for the American Civil Liberties Union. One reason is that the rights of our nation's youth are always especially embattled - not surprisingly, since they are not yet eligible to vote and, therefore, lack political power.

Casting The Net: Another Confusing Analysis Of Personal Jurisdiction And Internet Contacts In Telco Communications V. An Apple A Day, Donnie L. Kidd Jr.

University of Richmond Law Review

The fascination of the Internet and "cyberspace" is its sense of boundlessness. A user seemingly can go anywhere, be anyone, and do anything in a virtual world of information and interactivity. Actions on-line, however, often may have real world ramifications. The demarcation line between the physical and cyberspace "worlds" is not so pronounced that actions occurring in one have no effect in the other.

Canning Spam: Compuserve, Inc. V. Cyber Promotions, Inc., Steven E. Bennett

University of Richmond Law Review

The rapid development of the Internet as a source of information and as a means of communication has caused courts and legislatures to scramble to integrate old legal structures into a new framework. The characteristic of near-instantaneous access to millions of subscribers of various Internet service providers (ISPs) has attracted the attention of commercial advertisers, especially those seeking mass audiences. The Internet has also fostered the proliferation of electronic mail (e-mail) as a means of communication. Further, it has attracted the attention of Congress, where there are currently three bills pending which would restrict or prohibit unsolicited e-mail advertising. The …

Mlb V. Slj: "Equal Justice" For Indigent Parents, Jason T. Jacoby

University of Richmond Law Review

The United States Supreme Court recently decided that a state may not, consistent with the Due Process and Equal Protection clauses of the Fourteenth Amendment, condition appeals from trial court decrees terminating parental rights on the affected parent's ability to pay record preparation fees. In M.L.B. v. S.L.J., the Supreme Court found that, just as a state may not block an indigent petty offender's access to an appeal afforded others, Mississippi may not deny M.L.B., because of her poverty, appellate review of the sufficiency of the evidence on which the trial court found her unfit to remain a parent.

Will Inquiry Produce Action? Studying The Effects Of Gender In The Federal Courts, Lynn Hecht Schafran

University of Richmond Law Review

When the Ninth Circuit Gender Bias Task Force released its report at the Circuit's 1992 Judicial Conference, Justice Sandra Day O'Connor offered this perspective:

A couple of years ago, I gave a speech in which I discussed the existence of a glass ceiling for women. The next day, headlines and newspaper articles trumpeted my statements as if I had made a surprising new discovery. But it is now 1992, and I don't think most of us were surprised to learn that the [Ninth Circuit] Task Force found the exis- tence of gender bias in a federal circuit. After all, over …

"The Federal Courts": Constituting And Changing The Topic, Judith Resnik

University of Richmond Law Review

I am honored to write the foreword to this issue of the University of Richmond Law Review dedicated to "The Federal Courts." The editors have asked me to address the question of the role of the federal judiciary today. No issue is more pressing within federal judicial circles. The Congress has, in the last few years, enacted several jurisdictional statutes, some that expand' and others that limit the authority of the federal courts, thereby raising questions about congressional powers over federal jurisdiction. The shape of the appellate structure of the federal courts is now under review pursuant to the congressionally-chartered …

Second Circuit: Study Of Gender, Race, And Ethnicity, George Lange Iii

University of Richmond Law Review

In 1993, at the request of then Chief Judge Jon O. Newman, the Judicial Council of the Second Circuit created a Task Force on Gender, Racial, and Ethnic Fairness in the Courts. The Task Force, which was comprised of six judicial officers and a citizen participant from each of the Circuit's three states, was asked to study issues of gender, race, and ethnicity in the courts of the Second Circuit, and to report back to the Judicial Council on its findings and recommendations.

First Circuit: A Study Of Gender Bias In And Around The Courts, Bruce M. Selya

University of Richmond Law Review

Beginning with the state courts of New Jersey in 1984, almost every state in the country and numerous federal circuits have mounted initiatives to address issues of gender bias in the courts. While individual approaches have varied, each of these judicial units has displayed an increasing sensitivity to the potential problems of bias in the courts and a desire to actively improve the treatment of female litigants, witnesses, employees, and attorneys throughout the judicial system.

Fourth Circuit: The Judicial Council's Review On The Need For A Gender Bias Study, Samuel W. Phillips

University of Richmond Law Review

In 1993, the Women Judges Fund for Justice, the National Association of Women Judges, and the National Center for State Courts, sponsored a four-day conference (March 18-21) in Williamsburg, Virginia, entitled "Second National Conference on Gender Bias in the Courts: Focus on Follow-up." Then Chief Circuit Judge Sam J. Ervin, III, designated the Deputy Circuit Executive to attend the conference on behalf of the Fourth Circuit. The Deputy also attended, along with a Fourth Circuit U.S. Magistrate Judge (now a U.S. District Judge), the Federal Judicial Center Gender Bias Task Force Workshop in Washington, D.C. (August 5-6, 1993).

Eighth Circuit: Gender Fairness Task Force, Lyle E. Strom

University of Richmond Law Review

In July of 1993, the Judicial Council of the Eighth Circuit adopted a resolution for the creation of a task force to study and report on the impact or effect of gender in the administration of justice in the Eighth Circuit. Chief Judge Richard Arnold appointed United States District Judge Diana Murphy of Minnesota to establish the Task Force. A task force of thirty members, consisting of circuit, district, magistrate and bankruptcy judges, employees of the courts, representatives from the offices of the United States Attorneys and Federal Public Defenders, attorneys who practice in federal court, and professors of law, …

Tenth Circuit: Gender Bias Study- Continuing Education And Training, David M. Ebel

University of Richmond Law Review

The Tenth Circuit Study of Gender Bias and Sexual Harassment was initiated in September 1995 with a study of the District of Wyoming. Prior to that time a number of federal courts and individual states had undertaken comprehensive studies of gender bias. Most of the existing literature was based upon quantitative data using survey research methodology calculated to obtain a number of confidential responses, which produced substantial valuable information.

Eleventh Circuit: "Executive Summary" - Report Of The Eleventh Circuit Task Force On Gender Bias, Joseph W. Hatchett

University of Richmond Law Review

In 1993 the Eleventh Circuit Judicial Council's Task Force on Gender Bias was established. It was the Mandate of this Task Force to study the effects of gender in the Eleventh Circuit and the courts that comprise the Eleventh Circuit. The Task Force elected to employ survey methods to discover whether or not various members of the court family believed that gender bias existed, if so in what form, and whether or not such bias affects the judicial process.

D.C. Circuit: Study Of Gender, Race, And Ethnic Bias, John Garrett Penn, Matthew J. Devries

University of Richmond Law Review

The District of Columbia Circuit became the first federal circuit to establish a Task Force on race and gender bias. In 1992, the Task Force, which was comprised of judges from the D.C. Circuit, created two committees-the Special Committee on Gender and the Special Committee on Race and Ethnicity-to assist the Task Force in its research. The committees were comprised of academics, social science advisors of national recognition, and leading attorneys.

Interview: The Federal Courts: Observations From Thirty Years On The Bench, Robert R. Merhige Jr., J. Christopher Lemons

University of Richmond Law Review

This is an interview of Judge Robert R. Merhige, Jr of the Eastern District of Virginia.