Law Commons^™

The Virginia Uniform Power Of Attorney Act, Andrew H. Hook, Lisa V. Johnson

University of Richmond Law Review

No abstract provided.

Cruelty, Prison Conditions, And The Eighth Amendment, Sharon Dolovich

Georgetown Law Faculty Publications and Other Works

The Eighth Amendment prohibits cruel and unusual punishment, but its normative force derives chiefly from its use of the word cruel. For this prohibition to be meaningful in a society where incarceration is the primary mode of criminal punishment, it is necessary to determine when prison conditions are cruel. Yet the Supreme Court has thus far avoided this question, instead holding in Farmer v. Brennan that unless some prison official actually knew of and disregarded a substantial risk of serious harm to prisoners, prison conditions are not “punishment” within the meaning of the Eighth Amendment. Farmer’s reasoning, however, does not …

"Knock And Talk" And The Fourth Amendment, Craig M. Bradley

Indiana Law Journal

No abstract provided.

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Faculty Scholarship

No abstract provided.

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Law Faculty Publications

Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.

From Judging Culture To Taxing "Indians": Tracing The Legal Discourse Of The "Indian Mode Of Life", Constance Macintosh

Osgoode Hall Law Journal

In this article I consider how judicial decision making characterizes Indigenous peoples' culture outside the context of determinations under section 35(1) of the Constitution Act, 1982. I am concerned with how contemporary jurisprudence sometimes subjects Indigenous people to stereotyped tests of Aboriginality when they seek to exercise legislated rights. These common law tests of Aboriginality tend to turn on troubling oppositional logics, such as whether or not the Indigenous person engages in waged labour or commercial activities. These tests arose in historic legislation and policy that were premised on social evolutionary theory and were directed at determining whether an Indigenous …

Peoples, Bce, And The Good Corporate "Citizen", Edward J. Waitzer, Johnny Jaswal

Osgoode Hall Law Journal

This article considers the use of various legal instruments to advance a more expansive but well-defined view of directors' duties and discretion--a view which focuses on the longer-term interests of the corporation. We begin with an attempt to clarify the nature of directors' statutory duties under Canadian corporate law. We then consider the recent decisions of the Supreme Court of Canada in Peoples Department Stores Inc. (Trustee of) v. Wise and BCE v. 1976 Debentureholders, in which the Court took a broad view of corporate purpose, but failed to provide clear logic or operational guidance as to consequential directorial responsibilities. …

Is The Family A Federal Question?, Meredith Johnson Harbach

Law Faculty Publications

There has long been conflict over the relationship between the states and the federal system vis-i-vis the family. The traditional account of domestic relations describes family law as the exclusive domain of the states, and federal courts have credited this account in the "domestic relations exception." Although scholars have analyzed and critiqued the exception's applicability to diversity jurisdiction, the intersection of federal question jurisdiction and this exception remains largely unexplored. This Article describes and critiques, on both instrumental and deeper normative terms, federal courts' willingness to expand the "domestic relations exception" to include federal question cases. The Article proceeds in …

2009 Legislative Briefing Book, Nevada Institute For Children’S Research And Policy, Unlv, School Of Public Health, The Children’S Advocacy Alliance, Southern Nevada Area Health Education Center, Denise Tanata Ashby, Amanda Haboush, Tara Phebus, Jennifer Waddoups

Nevada Institute for Children's Research and Policy Reports

The purpose of the Nevada Institute for Children’s Research and Policy (NICRP) Legislative Briefing Book is to provide a quick snapshot of some of the most pressing issues facing Nevada’s children in order to provide advocates and policymakers with a stepping stone in creating positive changes to improve the lives of Nevada’s children. While this book will not cover every issue facing our children, it is intended to highlight those of greatest concern, covering issues in education, health, safety and security, and the juvenile justice system. Diligent efforts need to be made during the 2009 Legislative Session to improve policies, …

Public Health Bill Draft Requests - 2009 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Public Health Bill Draft Requests - 2009 NV Legislative Session

Nevada Institute For Children's Research And Policy Bill Draft Requests - 2009 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Nevada Institute for Children's Research and Policy Bill Draft Requests - 2009 NV Legislative Session

Applying Australian Laws To Seize Illegally Harvested Logs From Indonesia (Wuhan Colloquium 2009), Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

Outline:

Transnational organised crime

Environmental crime linkages

Logging case study

Transnational enforcement

The Status And Evolution Of Laws And Policies Regulating Privately Owned Tigers In The United States, Philip J. Nyhus, Michael Ambrogi, Caitlin Dufraine, Alan Shoemaker, Ronald L. Tilson

Philip J. Nyhus

No abstract provided.