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2013

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Articles 1 - 30 of 39

Full-Text Articles in Law

An Opinion For The Ages, Bruce Ledewitz Dec 2013

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


December 8, 2013: President Obama In The Sweet Spo, Bruce Ledewitz Dec 2013

December 8, 2013: President Obama In The Sweet Spo, Bruce Ledewitz

Hallowed Secularism

Blog post, “President Obama in the Sweet Spo“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Stretching Religious Liberty, Bruce Ledewitz Nov 2013

Stretching Religious Liberty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Commonwealth And Constitution, Robert S. Claiborne Jr. Nov 2013

Commonwealth And Constitution, Robert S. Claiborne Jr.

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2013

Taxation, Craig D. Bell

University of Richmond Law Review

The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.


Election Law Pleading, Joshua A. Douglas Nov 2013

Election Law Pleading, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article explores how the Supreme Court’s recent pleading decisions in Twombly and Iqbal have impacted election litigation. It explains how Twombly and Iqbal’s “factual plausibility” standard usually does not help in an election case, because there is often little factual dispute regarding the operation of the election practice. Instead, the real question in a motion to dismiss is whether the plaintiff has stated a viable cause of action against the government defendant who is administering the election. But Twombly and Iqbal’s rule does not assist in answering this question. That is, Twombly and Iqbal are incongruent with …


2013 Survey Of Juvenile Law, Michael J. Dale Oct 2013

2013 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.


How To Create American Manufacturing Jobs, John D. Gleissner Esquire Jul 2013

How To Create American Manufacturing Jobs, John D. Gleissner Esquire

John D Gleissner Esquire

No abstract provided.


July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz Jul 2013

July 2, 2013: Is Opposition To Gay Marriage Irrational?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Opposition to Gay Marriage Irrational?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Introduction: Wounds Of War: Meeting The Needs Of Active-Duty Military Personnel And Veterans With Post-Traumatic Stress Disorder, Olympia Duhart, Kathy L. Cerminara Jul 2013

Introduction: Wounds Of War: Meeting The Needs Of Active-Duty Military Personnel And Veterans With Post-Traumatic Stress Disorder, Olympia Duhart, Kathy L. Cerminara

Faculty Scholarship

No abstract provided.


Moulding The Nascent Corporate Social Responsibility Agenda In Singapore: Of Pragmatism, Soft Regulation, And The Economic Imperative, Eugene K. B. Tan Jul 2013

Moulding The Nascent Corporate Social Responsibility Agenda In Singapore: Of Pragmatism, Soft Regulation, And The Economic Imperative, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

This paper seeks to examine the putative growth of corporate social responsibility (CSR) in Singapore. A key impetus for the nascent CSR movement in twenty-first century Singapore is the economic imperative. As a trade-dependent industrializing economy, the economic development drive coupled with the need for international expansion has made it necessary for Singapore businesses to be cognizant of the growing CSR movement in the western, industrialized world. The government supports the CSR endeavour with an instrumental bent, where CSR ideas and concepts are adapted, incorporated, and promoted in various sectors of the economy. This paper assesses the state’s active encouragement …


Encyclopedia Of American History, Jeffrey Morris, Richard Morris Jun 2013

Encyclopedia Of American History, Jeffrey Morris, Richard Morris

Jeffrey B. Morris

No abstract provided.


Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz Jun 2013

Municipal Liability And Liability Of Supervisors: Litigation Significance Of Recent Trends And Developments, Karen Blum, Celeste Koeleveld, Joel B. Rudin, Martin A. Schwartz

Martin A. Schwartz

"The purpose of this presentation is to examine two recent Supreme Court decisions, Connick v. Thompson and Ashcroft v. Iqbal with an eye to their impact on how lower federal courts will assess such claims in the wake of new constraints imposed by these cases. The focus of the discussion will be on developments in single-incident liability cases after Connick and supervisory liability claims after Iqbal."


Government Policy And Moral Hazard In The 2007-2009 Financial Crisis, Ariana Abrams Jun 2013

Government Policy And Moral Hazard In The 2007-2009 Financial Crisis, Ariana Abrams

Honors Theses

The US government has invested over $3 trillion in financial assistance programs and bailouts for ailing companies affected by the 2007-2009 financial crisis. This paper analyzes the different government policy efforts in response to the collapse of the U.S. financial sector and whether these efforts increased the risk of moral hazard for small, medium, and large banks. Moral hazard occurs when a company has an incentive to take greater risks than it otherwise would, because the company gains all the benefits from excessive risk-taking, but does not bear all of the losses. I measure moral hazard through the debt-to-equity ratio, …


May 12, 2013: Is Obama Nixon?, Bruce Ledewitz May 2013

May 12, 2013: Is Obama Nixon?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is Obama Nixon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia Apr 2013

Sheltering Counsel: Towards A Right To A Lawyer In Eviction Proceedings, Raymond H. Brescia

Touro Law Review

This Article provides an overview of the current arguments presented by advocates who seek to establish a right to counsel for indigent tenants in eviction proceedings and assesses the strength of those arguments in the current political, social, and economic milieu. It is beyond question that the overwhelming majority of low-income tenants are unrepresented in proceedings in which their homes are in jeopardy and having counsel in such proceedings often prevents eviction and homelessness. Preventing those evictions reduces the human cost of homelessness, saves government substantial money by not having to provide shelter to the homeless, and preserves the stock …


Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz Mar 2013

Pennsylvania’S Supreme Court, Still Broken, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi Mar 2013

Analysis Of The Australian Whole Of Government Agreement Principles For Participation In Negotiations For A South Pacific Ocean Regional Fisheries Management Agreement, Quentin Hanich, William Edeson, Ben Tsamenyi

Professor Ben M Tsamenyi

No abstract provided.


February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz Feb 2013

February 3, 2013: The Response To Obama’S Contraception Initiative, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Response to Obama’s Contraception Initiative“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer Jan 2013

The Confrontation Of The Legislative And Executive Branches: An Examination Of The Constitutional Balance Of Powers And The Role Of The Attorney General, Robert E. Palmer

Pepperdine Law Review

The United States Constitution created an internally dependent tripartite governing scheme which relied upon a carefully drafted system of checks and balances as a means of self-regulation. Recent years have seen increased conflicts between the separate branches, the most recent of which is the occasion for this article. The article traces the rise and fall of the power exercised by the various branches and then focuses on the recent confrontation between Congress and the executive branch concerning the actions of the Environmental Protection Agency and the subsequent resignation of Anne McGill Burford. Of particular interest to this inquiry is the …


Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland Jan 2013

Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland

Pepperdine Law Review

No abstract provided.


Espionage: Anything Goes?, Karen Jennings Jan 2013

Espionage: Anything Goes?, Karen Jennings

Pepperdine Law Review

No abstract provided.


Your View: The Stateless State Of Caribbean Residents, Irene Scharf Jan 2013

Your View: The Stateless State Of Caribbean Residents, Irene Scharf

Faculty Publications

On the Caribbean island of Hispanola, shared by Haiti and the Dominican Republic, grave human rights concerns affecting those of Haitian descent living in the Dominican Republic have recently erupted. Over the years, thousands of Haitians have come to the Dominican Republic to work the farms there and provide cheap construction and other manual labor. Recently, with the economic and natural disasters that have befallen Haiti, more Haitians have been arriving in the Dominican Republic. Many have put down roots and are raising families. Today, an estimated 200,000 people born in the Dominican Republic have parents who were born in …


Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf Jan 2013

Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf

Faculty Publications

In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …


The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher "Dudus" Coke", Kenneth L. Lewis Jan 2013

The Extradition Treaty Between Jamaica And The United States: Its History And The Saga Of Christopher "Dudus" Coke", Kenneth L. Lewis

Faculty Scholarship

No abstract provided.


A Heightened Standard For Land Use Permits Redefines The Power Balance Between The Government And Landowners, Michael Farrell Jan 2013

A Heightened Standard For Land Use Permits Redefines The Power Balance Between The Government And Landowners, Michael Farrell

University of Baltimore Journal of Land and Development

No abstract provided.


[Introduction To] The Navajo Political Experience, David E. Wilkins Jan 2013

[Introduction To] The Navajo Political Experience, David E. Wilkins

Bookshelf

Native nations, like the Navajo nation, have proven to be remarkably adept at retaining and exercising ever-increasing amounts of self-determination even when faced with powerful external constraints and limited resources. Now in this fourth edition of David E. Wilkins' The Navajo Political Experience, political developments of the last decade are discussed and analyzed comprehensively, and with as much accessibility as thoroughness and detail. The Diné people and their governing leaders have recently experienced a host of events that dramatically affected the shape of the nation—a plethora of effective grassroots organizations that had a profound impact on the structure of …


Change The Rules And You Change The Game: At’S Why Charter Revisions Matter In New York City, John Avlon Jan 2013

Change The Rules And You Change The Game: At’S Why Charter Revisions Matter In New York City, John Avlon

NYLS Law Review

No abstract provided.


A Case For And Against The Borough President In Twenty-First Century New York City, Gregory Perrotta Jan 2013

A Case For And Against The Borough President In Twenty-First Century New York City, Gregory Perrotta

NYLS Law Review

No abstract provided.


Promoting An E Ective And Responsive City Government By Retaining And Strengthening The Office Of The Public Advocate, Lucas Anderson Jan 2013

Promoting An E Ective And Responsive City Government By Retaining And Strengthening The Office Of The Public Advocate, Lucas Anderson

NYLS Law Review

No abstract provided.