Law Commons^™

The Presidential Election Case: Remembering Safe Harbor Day, Gary C. Leedes

University of Richmond Law Review

The 2000 presidential election transported the nation down a long and winding road without a map and headed in an uncertain direction. While it might be an exaggeration to say that the system of constitutional law was self-destructing, it is undoubtedly true that the events surrounding the election were spinning out of control, and that irreparable harm to the electoral process and thereby the nation was imminent.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland

University of Richmond Law Review

This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …

Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

This article examines the pertinent legislative and judicial developments of the past year that have effected juvenile law in Virginia. Specifically, this article discusses new laws and amendments passed by the Virginia General Assembly with respect to juvenile delinquency, non-criminal misbehavior, and termination of parental rights. Part IV discusses changes to Title 22.1 of the Virginia Code that affect school disciplinary matters. Part V examines developments in the area of juvenile mental health. Finally, Part VI discusses various miscellaneous developments affecting youth abortions, teenage driving, parental negligence in the tort context, and a significant amendment made to the Comprehensive Services …

Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty

University of Richmond Law Review

It seems at times as though the entire world has become ad- dicted to human rights. The United States has, of course, had its famed Bill of Rights for generations. The United Kingdom's Human Rights Act has recently come into force. That measure also applies to Northern Ireland, with human rights issues appearing in the Good Friday Agreement. Both Britain and Ireland have adopted the model of the European Convention on Human Rights and Fundamental Freedoms, a charter agreed to on November 4, 1950, by western European nations emerging from a dark age of fascist totalitarianism. The body which gave …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl

University of Richmond Law Review

The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."

Wielding The Ax Of Neutrality: The Constitutional Status Of Charitable Choice In The Wake Of Mitchell V. Helms, David J. Freedman

University of Richmond Law Review

During the past decade, the Supreme Court loosened restraints that it had previously imposed upon government aid to religious institutions. In 1996, Congress and the President seized upon this phenomenon and implemented a controversial provision in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996-also known as the Welfare Reform Act of 1996. Included among the various revolutionary provisions of this legislation is something known as Charitable Choice. This program authorizes states to contract with religious institutions to provide social welfare services on behalf ofthe states.

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

University of Richmond Law Review

This article reviews changes in Virginia corporate and business law for the period from June 2000 through May 2001. Part II examines legislative changes in corporate and other business statutes (excluding public service corporation and insurance law issues) based on Virginia General Assembly action in the 2001 session. Part III reviews judicial decisions during the year, including 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 Virginia State Corporation Commission amending the …

University Of Baltimore Law Review Volume 30 Number 2 (Spring 2001) Front Matter

University of Baltimore Law Review

No abstract provided.

University Of Baltimore Law Review Volume 31 Number 1 (Fall 2001) Front Matter

University of Baltimore Law Review

No abstract provided.

Restating The Obvious In Maryland Products Liability Law: The Restatement (Third) Of Torts: Products Liability And Failure To Warn Defenses, Rebecca Korzec

University of Baltimore Law Review

No abstract provided.

Maryland's Diminished Long-Arm Jurisdiction In The Wake Of Zavian V. Foudy, Jeffrey J. Utermohle

University of Baltimore Law Review

No abstract provided.

Comments: A Return To State Sovereignty: How Individuals With Disabilities In Maryland May Still Seek Relief Against State Employers After Board Of Trustees Of The University Of Alabama V. Garrett, Geoffrey G. Hengerer

University of Baltimore Law Review

No abstract provided.

Comments: Smokers' Chances Of A Fair Fight Against The Tobacco Companies Go Up In Flames: A Study Of Philip Morris Inc. V. Angeletti And Its Effect On The Viability Of Class Action Lawsuits In Maryland Tobacco Litigation, Melodie C. Hahn

University of Baltimore Law Review

No abstract provided.

Comment: Surgically Implanted Medical Device Liability: Will The New Restatement Help The Unraveling Shield Created By Medtronic, Inc. V. Lohr?, Donna M. Senft

University of Baltimore Law Review

No abstract provided.

Teaching Law By Design: How Learning Theory And Instructional Design Can Inform And Reform Law Teaching, Michael Hunter Schwartz

San Diego Law Review

This Article examines the law school Vicarious Learning/Self Teaching Model in light of learning theory and instructional design. Further, it identifies both the good intuitions' and the many deficiencies

in how law professors develop and present instruction. More importantly, this Article offers a dramatically different approach to law school instruction, an approach more likely than current law teaching methodologies to produce effective, efficient, and appealing law school instruction.

Proposition 209 And School Desegregation Programs In California

San Diego Law Review

On November 5, 1996, California voters struck a severe blow to affirmative action by approving Proposition 209 as an amendment to the California Constitution.' Embodied as article I, section 31, the primary thrust of the initiative provides that "[t]he state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."2 While seemingly straightforward, section 31, like other constitutional imperatives or prohibitions, may be easier to enunciate as a legal principal than it is to apply …

The Supreme Court, The Florida Vote, And Equal Protection, Larry Alexander

San Diego Law Review

The Supreme Court majority in Bush v. Gore1 has taken a lot of flak for its ruling that the Florida count of undervotes violated the Equal Protection Clause of the Fourteenth Amendment. Commentators, and not only those on the left, have labeled the Court’s reasoning as without basis in precedent, weak in its logic, and breathtakingly sweeping in its implications.2 For those inclined to suspect the justices of naked partisanship, the equal protection argument did nothing to allay those suspicions.

It is argued in this Essay, however, that the case for an equal protection violation is supported both by precedent …

Taxing Income From Mailing List And Affinity Card Arrangements: A Proposal, Kevin M. Yamamoto

San Diego Law Review

The courts' and the Internal Revenue Code ("Code")2 presently treat

income received by a tax-exempt organization for affinity card programs' and mailing list rentals4 similarly; neither type of income is subject to taxation.5 This Article asserts that equal treatment should not be the case. Because donors have not consented to sell their personal information, the exception for royalty income from the unrelated business income tax ("UBIT") should not permit the tax-free rental of a nonprofit organization's mailing list. Affinity card income, on the other hand, should continue to be nontaxable since any income received from these programs comes from the …

Punishing The Causer As The Principal: Mens Rea And The Interstate Transportation Element Of The National Stolen Property Act

San Diego Law Review

Transporting goods worth over five thousand dollars, which are known to be stolen, in interstate commerce is a violation of the Federal National Stolen Property Act (NSPA).' The congressional intent behind the NSPA is to aid the states in punishing those who commit theft, fraud, or counterfeiting in violation of state law, but elude punishment by utilizing the channels of interstate commerce.2 Congress included an interstate transportation element in this statute, which is otherwise parallel to a typical state stolen property statute, merely to supply a constitutional basis for the exertion of federal power.' Thus, Congress enacted the NSPA as …

Criminal Justice And The 1999-2000 U.S. Supreme Court Term, Christopher E. Smith

North Dakota Law Review

No abstract provided.

The National Labor Relations Board Redefines Medical Employee Under The Wagner Act Regarding Residents And Interns Thereby Opening The Door To Unionization And Collective Bargaining Demands, Jack E. Karns

North Dakota Law Review

No abstract provided.

Fundamental Rights In Conflict: The Price Of A Maturing Democracy, Harlan Loeb, David Rosenberg

North Dakota Law Review

No abstract provided.

Constitutional Law - Establishment Clause - The Movement Towards Neutrality As The Single Criteria For Determining The Constitutionality Of School Aid Under The Establishment Clause, Allen M. Brabender

North Dakota Law Review

No abstract provided.

Constitutional Law - Criminal Law: The United States Supreme Court Affirms The Use Of Miranda Rights By Police To Determine The Admissibility Of Statements Made During Custodial Interrogation, Gene A. Pearce

North Dakota Law Review

No abstract provided.

The Doctor Won't See You Now: Erisa Permits Hmos To Give Doctors Financial Incentives To Limit Health Care, June M. Sullivan

North Dakota Law Review

No abstract provided.

New Generation Farmer Cooperatives: The Problem Of The Just Investing Farmer, Christopher R. Kelley

North Dakota Law Review

No abstract provided.

Informed Consent And The Scope Of A Physician's Duty Of Disclosure, Laurel R. Hanson

North Dakota Law Review

No abstract provided.

Abortion & (And) Birth Control - Right To Abortion & (And) Regulation Thereof: The United States Supreme Court Invalidates A Statute Banning Partial Birth Abortions, Mandy Joersz

North Dakota Law Review

No abstract provided.