In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, 2014 University of Richmond
In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner
Richmond Journal of Law and the Public Interest
"In sight, it must be right" was the advertising slogan of a chain of hamburger restaurants that featured visible grills so customers could see the food being prepared, the assumption being that under customers' watchful eyes the burgers would be grilled properly. The Board of Veterans' Appeals ("Board") provides the final decision of the Department of Veterans Affairs ("VA") on a veteran claimant's entitlement to benefits, based on de novo review of a previous VA regional office determination. When in 1988 Congress provided in the Veterans Judicial Review Act for court review of agency decisions on veterans' claims for benefits, …
Preserving Baseball's Integrity Through Proper Drug Testing: Time For The Major League Baseball Players Association To Let Go Of Its Collective Bargaining Reins, 2014 University of Colorado Law School
Preserving Baseball's Integrity Through Proper Drug Testing: Time For The Major League Baseball Players Association To Let Go Of Its Collective Bargaining Reins, Wolfgang S. Weber
University of Colorado Law Review
For the first time in seventeen years, voters did not select a single baseball player to be inducted into the 2013 Baseball Hall of Fame. In response to this news, Hall of Famer Mike Schmidt regrettably stated, "[E]veryone was guilty. Either you used Performance Enhancing Drugs or you did nothing to stop their use. . . . This generation got rich. Seems there was a price to pay." In 2013 alone, Major League Baseball (MLB) issued fourteen suspensions for Performance Enhancing Drug (PED) abuse. The regularity of these suspensions reveals players' willingness to continuously attempt to exploit flaws in the …
Contraceptive Sabotage, 2014 University of New Hampshire School of Law
Contraceptive Sabotage, Leah A. Plunkett
Law Faculty Scholarship
This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …
Don’T Be A Drag, Just Be A Queen—How Drag Queens Protect Their Intellectual Property Without Law, 2014 University of Toronto
Don’T Be A Drag, Just Be A Queen—How Drag Queens Protect Their Intellectual Property Without Law, Eden Sarid
FIU Law Review
No abstract provided.
Suspension And Delegation, 2014 Notre Dame Law School
Suspension And Delegation, Amy Coney Barrett
Journal Articles
A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be suspended only in cases of "rebellion or invasion" and when "the public Safety may require it. " Congress alone can suspend the writ; the Executive cannot declare himself authorized to detain in violation of civil rights. Despite the traditional emphasis on the importance of exclusive …
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, 2014 Dalhousie University Schulich School of Law
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …
Silence Is Golden . . . Except In Health Care Philanthropy, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Silence Is Golden . . . Except In Health Care Philanthropy, Stacey A. Tovino
Scholarly Works
No abstract provided.
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, Terrill Pollman
Scholarly Works
Responding to a changing landscape of law practice, law schools are searching for ways to structure the classroom experience and broader curriculum to promote more efficient and better learning outcomes. Although imitation, modeling, and the use of examples have become pre-eminent features of modern legal education, these pedagogies have remained largely unexamined. This article shows the power of teaching with examples in both the traditional and legal writing classroom, as well as how skillfully to limit the use of such pedagogy for maximum effect. Specifically, this article applies the findings of cognitive load research and composition theory to show that …
Dean's Column: Health Law At Unlv, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Dean's Column: Health Law At Unlv, Anne R. Traum, Daniel W. Hamilton
Scholarly Works
No abstract provided.
Taking Pro Bono To The Next Level, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Taking Pro Bono To The Next Level, Anne R. Traum
Scholarly Works
No abstract provided.
Dean's Column: Empowering Kids In The Courtroom At Unlv's Kids' Court School, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Dean's Column: Empowering Kids In The Courtroom At Unlv's Kids' Court School, Anne R. Traum
Scholarly Works
No abstract provided.
Dean's Column: Students Know Best Why The Unlv Experience Pays, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Dean's Column: Students Know Best Why The Unlv Experience Pays, Daniel W. Hamilton, Anne R. Traum
Scholarly Works
No abstract provided.
Dean's Column: In Law School, It's Pro Bono From Day One, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Dean's Column: In Law School, It's Pro Bono From Day One, Anne R. Traum
Scholarly Works
No abstract provided.
Editorial Board, 2014 Florida International University College of Law
Publisher, 2014 Florida International University College of Law
Table Of Contents, 2014 Florida International University College of Law
Waiting For Mendeleev: The Tangle Of Indigenous Law, 2014 University of Wisconsin Law School
Waiting For Mendeleev: The Tangle Of Indigenous Law, Marc Galanter, Manuel A. Gomez
FIU Law Review
No abstract provided.
Legal Pluralism As Omnium Gatherum, 2014 Harvard Law School
Legal Pluralism As Omnium Gatherum, Sally Falk Moore
FIU Law Review
No abstract provided.
The Alignment Of Law And Norms: Of Mirrors, Bulwarks, And Pressure Valves, 2014 William Mitchell College of Law.
The Alignment Of Law And Norms: Of Mirrors, Bulwarks, And Pressure Valves, Mark A. Edwards
FIU Law Review
No abstract provided.
High Law And Low Law, 2014 Stanford Law School