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6,989 full-text articles. Page 111 of 126.

"Save Our State" Amendment: Dead On Arrival, Ismael T. Salam 2011 Loyola University Chicago, School of Law

"Save Our State" Amendment: Dead On Arrival, Ismael T. Salam

Public Interest Law Reporter

No abstract provided.


Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011), Ann M. Lousin 2011 John Marshall Law School

Constitutional Revision: Are Seriatim Amendments Or Constitutional Conventions The Better Way To Amend A State Constitution?, 115 Penn St. L. Rev. 1099 (2011), Ann M. Lousin

Faculty Scholarship

No abstract provided.


Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy 2011 John Marshall Law School

Rid Of Habeas Corpus - How Ineffective Assistance Of Counsel Has Endangered Access To The Writ Of Habeas Corpus And What The Supreme Court Can Do In Maples And Martinez To Restore It, 45 Creighton L. Rev. 185 (2011), Hugh Mundy

Faculty Scholarship

No abstract provided.


Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe 2011 John Marshall Law School

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe

Faculty Scholarship

No abstract provided.


Survey Of Illinois Law: At Long Last, A Long Look At Respondents In Discovery, 35 S. Ill. U. L.J. 703 (2011), Marc Ginsberg 2011 The John Marshall Law School

Survey Of Illinois Law: At Long Last, A Long Look At Respondents In Discovery, 35 S. Ill. U. L.J. 703 (2011), Marc Ginsberg

Faculty Scholarship

No abstract provided.


Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug 2011 University of South Carolina - Columbia

Should I Stay Or Should I Go: Why Immigrant Reunification Decisions Should Be Based On The Best Interest Of The Child, Marcia A. Yablon-Zug

Faculty Publications

No abstract provided.


Incentivizing Economic Development: An Empirical Examination Of The Use Of Grants And Loans, Robert T. Greenbaum, Daniele Bondonio 2011 University of South Carolina

Incentivizing Economic Development: An Empirical Examination Of The Use Of Grants And Loans, Robert T. Greenbaum, Daniele Bondonio

South Carolina Journal of International Law and Business

No abstract provided.


Legislative Reform Of California’S Direct Democracy: A Field Guide To Recent Efforts, Glenn Smith 2011 California Western School of Law

Legislative Reform Of California’S Direct Democracy: A Field Guide To Recent Efforts, Glenn Smith

Faculty Scholarship

This Article seeks to enhance the ability of California-initiative process reformers to gain wisdom from the past by briefly, yet comprehensively, reviewing recent proposals considered in the California legislature. Specifically, this "field guide" to initiative reform seeks to orient interested travelers to relevant California legislative exertions from 1997 to the present.' Although our orientation is informed by the entire range of legislative proposals within the dataset, we give special focus to bills proposing to enhance initiative-process deliberation-the ability of voters to understand and meaningfully deliberate about initiative proposals. We also concentrate on two categories of initiative-reform legislation during the period ...


Organizing Principles: The Significance Of Card-Checks Laws, Rafael Gely, Timothy D. Chandler 2011 University of Missouri School of Law

Organizing Principles: The Significance Of Card-Checks Laws, Rafael Gely, Timothy D. Chandler

Faculty Publications

The use of “card checks” as a method of union organizing has recently garnered a lot of attention, much of it surrounding the proposed Employee Free Choice Act. If passed, this legislation would amend the National Labor Relations Act by requiring employers to recognize a union when the employer is presented with evidence of majority support for union recognition via union authorization cards. Although the proposed bill has had difficulty gaining traction in the U.S. Congress, several states have recently passed similar legislation covering state and local public employees. In this article, we compare card-check organizing by public sector ...


Localism And Capital Punishment, Stephen F. Smith 2011 Notre Dame Law School

Localism And Capital Punishment, Stephen F. Smith

Journal Articles

Professor Adam Gershowitz presents an interesting proposal to transfer from localities to states the power to enforce the death penalty. In his view, state-level enforcement would result in a more rationally applied death penalty because states would be much more likely to make capital charging decisions based on desert, without the distorting influence of the severe resource constraints applicable to all but the wealthiest of localities. As well conceived as Professor Gershowitz’s proposal is, however, I remain skeptical that statewide enforcement of the death penalty would be preferable to continued local enforcement. First, Professor Gershowitz underestimates the benefits of ...


The Unavoidable Ecclesiastical Collision In Virginia, Isaac A. McBeth, Jennifer R. Sykes 2011 University of Richmond

The Unavoidable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes

Richmond Journal of Law and the Public Interest

Section 5 7-9(A) of the Code of Virginia is a statute that purports to resolve church property disputes. There is, however, a significant amount of controversy as to whether the statute encroaches on the free exercise rights of hierarchical churches located in Virginia and enmeshes Virginia courts in the ecclesiastical thicket. Given the debate surrounding Section 57-9(A) and the controversial shift of several mainstream denominations in matters of substantive church doctrine, Virginia is a fertile breeding ground for church property disputes. Accordingly, the Commonwealth is in the midst of an ecclesiastical crisis. The impact of the crisis is ...


Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson 2011 University of Richmond

Health Care Reform In Virginia: Lessons Learned Before, During, And After The 2011 Virginia General Assembly, Hunter W. Jamerson

Richmond Journal of Law and the Public Interest

This article surveys Virginia's initial foray into health care reform. This process began with the Virginia Health Reform Initiative, which had a significant presence in the Virginia 2011 General Assembly session. While the nascent health care reform efforts this session reflect only incremental steps, they are indicative of Virginia's direction and commitment to change. Such change, however, will carry great political and professional strife. This article highlights some examples of the challenges faced on the road to health care reform and discusses possible directions of future legislation in the Virginia General Assembly.


Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin 2011 University of Richmond

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Journal of Law and the Public Interest

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.


Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis 2011 University of Richmond

Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis

Richmond Journal of Law and the Public Interest

This year, six menhaden- related bills were introduced in the Virginia General Assembly. Delegate John Cosgrove (RChesapeake) introduced legislation in the House of Delegates that was identical to Senate Bill 765, a bill that proposed to shift oversight of the menhaden fishery to the VMRC. This article aims to highlight the unique stance taken by Virginia's legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia's legislators should ...


With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko 2011 University of Richmond

With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko

Richmond Journal of Law and the Public Interest

This comment will examine Virginia's statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly ses- sion. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the impor- tance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the oth- er two bills not only ...


How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss 2011 University of Richmond

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Richmond Journal of Law and the Public Interest

Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further ...


How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011), Ann Lousin 2011 John Marshall Law School

How To Hold A State Constitutional Convention In The Twenty-First Century, 44 Loy. L.A. L. Rev. 603 (2011), Ann Lousin

Faculty Scholarship

Although few states have held constitutional conventions in recent decades, there is renewed interest in holding state constitutional conventions in the twenty-first century. This Essay explains the author's views on holding such a convention, based on her experience in Illinois and with a view toward a California convention. The author believes that the two keys to a successful convention in the twenty-first century are extensive preparation and transparency. Only with preparation can the delegates and staff of a convention draft a document worthy of adoption. Only with great transparency of the process, especially in the Internet age, can the ...


Capturing Individual Harms, Katrina Fischer Kuh 2011 Elisabeth Haub School of Law at Pace University

Capturing Individual Harms, Katrina Fischer Kuh

Pace Law Faculty Publications

The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed ...


Do Joint Parenting Laws Make Any Difference?, Margaret Brinig, Douglas W. Allen 2011 Notre Dame Law School

Do Joint Parenting Laws Make Any Difference?, Margaret Brinig, Douglas W. Allen

Journal Articles

Using a unique data set on divorcing couples, we analyze the effects of a change in legal entitlement on the outcomes for divorcing couples. In particular, we analyze the 1997 change to custody provisions in the State of Oregon. Prior to 1997, Oregon assigned custody, based on the discretion of the court, in the best interests of the child. This was changed to a presumption- of joint parenting, which manifests in the courts encouraging and imposing joint (or shared) custody in cases that otherwise would have had sole custody arrangements. We find that the law had several implications for divorce ...


Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett 2011 Notre Dame Law School

Restoring Lost Connections: Land Use, Policing, And Urban Vitality, Nicole Stelle Garnett

Journal Articles

No abstract provided.


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