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Transformed And Transforming: What God Effects Through The Presence Of Christians In The World, Paul R. Nelson

Institute of Liturgical Studies Occasional Papers

(Excerpt)

On the model of mystagogy: remember your experience last night at the vigil, please, and recall these words from the eucharistic prayer: God and Father of our Lord Jesus Christ, open our eyes to see your hand at work in the world about us. Deliver us from the presumption of coming to this table for solace only and not for strength; for pardon only and not for renewal. Let the grace of this Holy Communion make us one body, one spirit in Christ that we may worthily serve the world in his name.' And from Welcome to Christ: Dear …

Can The Legal System Use Experts On Meaning?, Lawrence Solan

Faculty Scholarship

No abstract provided.

The Trouble With Robertson: Equal Protection, The Separation Of Powers And The Line Between Statutory Amendment And Statutory Interpretation, William D. Araiza

Faculty Scholarship

No abstract provided.

The Contribution Of The Fund Profile To Investor Education, James A. Fanto

Faculty Scholarship

No abstract provided.

Buckley V. Valeo: A Landmark Of Political Freedom, Joel Gora

Faculty Scholarship

No abstract provided.

The New-Tort Centrifuge, Anita Bernstein

Faculty Scholarship

No abstract provided.

What Europe, Japan And Other Countries Can Learn From The New American Restatement Of Products Liability, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.

The Universal Declaration Of Human Rights At 50 And The Challenge Of Global Markets: Themes And Variations, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

Processus Organisationnels Et Psycho-Sociaux Favorisant La Participation Des Travailleurs En Santé Et En Sécurité Du Travail, Marcel Simard, Marie-Claire Carpentier-Roy, Alain Marchand, François Ouellet

Rapports de recherche scientifique

Cette étude approfondit le phénomène de la participation directe des travailleurs à la prévention des lésions professionnelles, phénomène qui avait commencé à être exploré dans une recherche antérieure dont le rapport synthèse, intitulé La participation des travailleurs à la prévention des accidents du travail: formes, efficacité et déterminants a été publié par l'IRSST en 1997. Rappelons que ce phénomène réfère aux comportements préventifs que les travailleurs adoptent dans leur vie courante de travail, et à ce titre doit être distingué de la participation indirecte des travailleurs à la prévention qui s'exerce par l'intermédiaire de représentants sur le comité de …

Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson

University of Richmond Law Review

The National Environmental Policy Act of 1969 (NEPA) was the first major environmental law in the United States. The statute "was devised to establish a comprehensive national policy which would ... guid[e] federal activity and provid[e] for a coordinated, informed approach toward dealing with environmental problems." Since NEPA's enactment, agencies have been "required to prepare environmental analyses, with input from the state and local governments, Indian tribes, the public, and other federal agencies, when considering a proposal for a major federal action." Although most of the environmental impact assessment law in the world is modeled on NEPA and the impact …

Breard, Printz, And The Treaty Power, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

This article considers whether the anti-commandeering principle of New York v. United States and Printz v. United States applies to exercises of the Treaty Power. It illustrates the problem with an analysis of the treaty provision involved in Breard v. Greene, 118 S. Ct. 1352 (1998), which requires state officials to notify certain aliens they arrest that they have a right to consult with their consul. Whether exercises of the treaty power are subject to the commandeering prohibition depends on the resolution of two ambiguities in the Supreme Court's anti-commandeering doctrine. The first concerns the distinction between commandeering and …

We Some Of The People: Akhil Reed Amor And The Original Intent Of The Bill Of Rights, Wythe Holt

University of Richmond Law Review

The Leninist model of working-class consciousness and that of the Commons/Perlman progressive school of labor economists have much in common. Both regard the intellectual as playing a crucial role in changing the workers' consciousness.

Akhil Amar And The Establishment Clause, Andrew Koppelman

University of Richmond Law Review

Does Akhil Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights") say anything about what the law should be today? The answer is not clear. The book is a study of the original meaning of the Bill of Rights and the transformation of that meaning by the Fourteenth Amendment. Its project is archaeological rather than prescriptive. It focuses on what the Constitution meant in 1791 and in 1866, not what it means now. Amar acknowledges that he has "merely set the scene" for an investigation into what impact twentieth-century (textual and other) developments have had on Constitutional …

The Original Understanding Of The Seventh Amendment Right To Jury Trial, Stanton D. Krauss

University of Richmond Law Review

I ought to be very angry with my friend Akhil Amar. His new book, The Bill of Rights: Creation and Reconstruction, strengthens, develops, and popularizes his strikingly original claim that the meaning of our Bill of Rights must be sought in the understanding of the people who enacted the Fourteenth Amendment, rather than that of James Madison and his contemporaries. If Akhil carries the day on this question-and I find his arguments quite powerful, my ongoing research into the original meaning of the Bill will be of interest only to antiquarians.

"No Word Is An Island": Textualism And Aesthetics In Akhil Reed Amar's The Bill Of Rights, Robert Spoo

University of Richmond Law Review

Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights") probes three defining moments of American constitutional history-two of them in the contested past and one in the restless present. The first two are the performative acts of framing, in 1789 and 1868, respectively, of the initial ten amendments and of the Fourteenth Amendment to the United States Constitution. For Amar, history is too multivalent, and the Framers' text too loftily open-textured, for simple answers to the vexed question of incorporation. The Bill of Rights is, in one of Amar's controlling metaphors, an "alloy" of majoritarian …

Response: Continuing The Conversation, Akhil Reed Amar

University of Richmond Law Review

In The Bill of Rights: Creation and Reconstruction, I aimed to start a conversation, not end one. I am thus grateful for the generosity of the many fine scholars who in the preceding pages have graciously accepted the invitation to converse. And I am especially grateful for the extraordinary hospitality of the University of Richmond Law Review, which has kindly given a home to this conversation.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

During the past year, the United States Supreme Court, in two decisions of significance, refused to summarily censure conduct having legitimate, procompetitive benefits. In similar fashion, the United States Court ofAppeals for the Fourth Circuit continued to scrutinize antitrust claims, rejecting those failing to measure up to pleading and proof requirements, while also reaffirming the vitality of the state action immunity doctrine as a bar to those that did. Meanwhile, Virginia's federal district courts grappled with time worn conspiracy challenges to medical staff privileging decisions, while simultaneously forging new ground in one of the first cases to consider market definition …

Annual Survey Of Virginia Law: Corporate Law, A. Eric Kauders Jr.

University of Richmond Law Review

Despite its widely held reputation as being a bastion of all things conservative, Virginia has long been a leader on the frontier of corporate and partnership law. As a recent example confirming its progressive reputation, one need look no further than the 1991 passage of legislation permitting the formation of limited liability companies. While the amount ofactivity in corporate law this year was far from notable, the legislation and judicial decisions from the past year continue to demonstrate Virginia's "corporate activism."

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

University of Richmond Law Review

The Virginia General Assembly once again acted in a very restrained fashion in addressing juvenile justice issues in the lengthening wake after the extensive statutory changes in 1994 and 1996. The newly enacted juvenile competency statute is an important innovation contained in the new article 18 oftitle 16.1 of the Virginia Code, and a study by the Virginia Bar Association on the applicability of the insanity defense in juvenile delinquency proceedings will further address the implications of mental health problems for children in trouble. One major issue in the delinquency area that arose during the past year involved the necessity …

Federal Common Law In Admiralty: An Introduction To The Beginning Of An Exchange, Joel K. Goldstein

All Faculty Scholarship

Most scholars and practitioners of admiralty law have long relied upon two central assumptions regarding their subject. First, they have understood that uniformity was a requisite of maritime law such that, generally speaking, national, rather than state, law governed most maritime events and transactions. Second, they have believed that in order to preserve the uniformity of maritime law, federal admiralty courts are empowered to fashion federal common law.[1] The commitment to these related propositions has been attested to or illustrated by a collection of Supreme Court decisions.[2] For instance, in Southern Pacific Co. v. Jensen,[3] the case that stands as …

Affirmative Action And Discrimination, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The contemporary debate about race in the United States is perplexing. Each side seems genuinely to feel distressed at the demands being made by the other. Racial minorities point to Dred Scott's insistence on racial castes, Plessy's endorsement of official segregation, and Brown's reluctance to remedy unlawful discrimination as evidence that the white majority is inevitably inclined to advance its own interests at minority expense. Minority group members, therefore, tend to argue that the only way to arrest this majoritarian inclination is through the use of race-conscious remedial programs that will ensure an equitable distribution of resources. Most members of …

The Plenary Power Background Of Curtiss-Wright, Sarah H. Cleveland

Faculty Scholarship

In his article The Transformation of the Constitutional Regime of Foreign Relations, Professor Ted White argues that the early twentieth century saw a major shift in constitutional understandings and expectations regarding the distribution of authority in foreign affairs. According to White, until that era the foreign affairs power, like all other powers under the Constitution, were considered subject to a formalistic, essentialist world view in which powers were distributed by the text of the Constitution according to clear principles of federalism and separation of powers. Congress and the President could only exercise powers in this area that had been dedicated …

Punishment Or Treatment For Adolescent Offenders: Therapeutic Integrity And The Paradoxical Effects Of Punishment, Jeffrey A. Fagan

Faculty Scholarship

Throughout much of its history, the American juvenile court maintained a goal of rehabilitation of the individual, and placed custody and punishment as secondary or ancillary goals in the pursuit of "remaking the child's character and lifestyle." To its founders, the development of a separate juvenile court reflected a fundamental distinction between sanctions based on characteristics of the offender, and punishment based on the offense. Juvenile court dispositions were designed to determine why the child was in court, and what could be done to avoid future appearances. Judge Julian Mack's classic statement of the original theory of the juvenile court …

Copyright And Intermediate Users' Rights, Jane C. Ginsburg

Faculty Scholarship

The impending "Digital Millennium" has amplified the assertion of users' rights in U.S. copyright law. Copyright has been reimagined as a "law of users' rights" whose acolytes caution copyright owners not to stand as piggish impediments to the progress of learning and culture in the Digital Age. Proponents advance a variety of arguments in support of a user rights construct of copyright law, from the historical to the philosophical to the pragmatic. I propose to address some of these. But first it is important to specify what I mean by "users' rights" in U.S. copyright law today.

User rights in …

The Common Law And Statutes, Peter L. Strauss

Faculty Scholarship

Controversies about statutory interpretation and the proper roles for judges in interpretation are particularly noticeable in the Supreme Court but have penetrated downward throughout the judicial system. What I mean to explore here are some implications of our common law heritage and the presuppositions of a common law system for these controversies, that seem rarely noticed in the ongoing debates. I mean by this not only common law judging, but also what we might call common law legislating – that is, the practice of creating statutes to achieve marginal changes in existing law in response to perceived deficiencies, rather than …

Head Movement And Vision In Underwater-Feeding Birds Of Stream, Lake, And Seashore, Lee W. Casperson

Electrical and Computer Engineering Faculty Publications and Presentations

Studies head movement and vision in underwater-feeding birds. Review of relevant literature on the physiological and behavioral aspects of vision; Role of vertical head movement as an aid in the acquisition of visual information.

Environmental Sustainability And Environmental Justice At The International Level: Traces Of Tension And Traces Of Synergy, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Law And The Ideal Citizen, Lee C. Bollinger

Faculty Scholarship

The theme identified for this lecture series is the subject of responsibility. I assume Washington and Lee has selected that topic out of a sense that it has not received sufficient attention, as compared, for example, to the subject of "rights." I select "rights" as the counter-example because we often hear of the two in tandem – "rights and responsibilities." As such, the concept of responsibility connotes a sense of obligation as to what is due from us to others and to the community. It is, in that sense, easier to be in favor of rights than it is of …

Chapter Annual Reports, 1999, Eta Sigma Gamma

ESG Documents

The annual reports lists specific information on each chapter, the officers, awards, major events, and other activities.

A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson

University of Richmond Law Review

The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."