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Articles 1 - 30 of 103
Full-Text Articles in Law
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Dupre
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Dupre
Vanderbilt Law Review
Much is being made this year in education law circles and elsewhere about the fiftieth anniversary of Brown v. Board of Education.' The Brown decision has certainly left an indelible mark on schools and other institutions in the United States. But last year the thirtieth anniversary of another major Supreme Court opinion passed largely without comment, despite the fact that it may be the most significant decision regarding public schools since Brown. In 1973, the U.S. Supreme Court, in San Antonio Independent School District v. Rodriguez, concluded that education was not a fundamental right and that disparities in school funding …
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walk
Civil Practice And Procedure, John R. Walk
University of Richmond Law Review
No abstract provided.
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
The Experimental Purpose Doctrine And Biomedical Research, Tao Huang
The Experimental Purpose Doctrine And Biomedical Research, Tao Huang
Michigan Telecommunications & Technology Law Review
The experimental use doctrine is a common law rule in patent law that until a few years ago excused accused infringers who made and used patented products or processes on the basis of an experimental, educational, or nonprofit purpose when there was de minimis economic injury to the patent owner and de minimis economic gain to the infringer. While the application of the experimental purpose doctrine was always narrow, two recent Federal Circuit decisions indicate that there is not much left under its aegis. In Madey v. Duke University, the Federal Circuit strictly limited the application of the experimental purpose …
Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo
Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo
Michigan Telecommunications & Technology Law Review
At the federal level, the Civil Rules Advisory Committee has responded to the "unique and necessary feature of computer systems--the automatic recycling, overwriting, and alteration of electronically stored information"--with a proposed amendment to Rule 37. The proposed Rule 37(f) would shield litigants from sanctions for the destruction of electronic data if the party "took reasonable steps to preserve the information after it knew or should have known the information was discoverable in the action" and "the failure resulted from the loss of the information because of the routine operation of the party's electronic information system." The safe harbor provision would …
Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan
Getting To Know Us: Judicial Outreach In Oregon, Mary J. Deits, Lora E. Keenan
The Journal of Appellate Practice and Process
No abstract provided.
Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd
Minnesota's Pro Bono Appellate Program: A Simple Approach That Achieves Important Objectives, Thomas H. Boyd
The Journal of Appellate Practice and Process
No abstract provided.
The Illusion Of Devil's Advocacy: How The Justices Of The Supreme Court Foreshadow Their Decisions During Oral Argument, Sarah Levien Shullman
The Illusion Of Devil's Advocacy: How The Justices Of The Supreme Court Foreshadow Their Decisions During Oral Argument, Sarah Levien Shullman
The Journal of Appellate Practice and Process
No abstract provided.
Ineffective Assistance Of Counsel In Parental-Rights Termination Cases: The Challenge For Appellate Courts, Susan Calkins
Ineffective Assistance Of Counsel In Parental-Rights Termination Cases: The Challenge For Appellate Courts, Susan Calkins
The Journal of Appellate Practice and Process
No abstract provided.
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Structuring Sentencing: Apprendi, The Offense Of Conviction, And The Limited Role Of Constitutional Law, Benjamin J. Priester
Indiana Law Journal
No abstract provided.
Federal And State Court Rules Governing Publication And Citation Of Opinions: An Update, Melissa M. Serfass, Jessie Wallace Cranford
Federal And State Court Rules Governing Publication And Citation Of Opinions: An Update, Melissa M. Serfass, Jessie Wallace Cranford
The Journal of Appellate Practice and Process
No abstract provided.
Historical Links: The Remarkable Legacy And Legal Journey Of The Honorable Julia Cooper Mack, Inez Smith Reid
Historical Links: The Remarkable Legacy And Legal Journey Of The Honorable Julia Cooper Mack, Inez Smith Reid
University of the District of Columbia Law Review
No abstract provided.
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
Reconsidering The Constitutionality Of Federal Sentencing Guidelines After Blakely: A Former Commissioner's Perspective, Michael Goldsmith
BYU Law Review
No abstract provided.
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
The Supreme Court's Rhetorical Hostility: What Is "Hostile" To Religion Under The Establishment Clause?, Frank S. Ravitch
BYU Law Review
No abstract provided.
The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito
The Federal Court Of Australia's Power To Terminate Properly Instituted Class Actions, Vince Morabito
Osgoode Hall Law Journal
The regime governing class actions in the Federal Court of Australia is unique, by international standards, as it does not require the formal authorisation of the Court before a proceeding may be brought and conducted as a class action. A class action may be commenced in the Federal Court as long as certain prerequisites are satisfied. Another unique aspect of this regime is that wide powers have been conferred upon the Court to terminate, as class actions, proceedings that have complied with the requirements for commencing a class action. It is the aim of this article to explore the conceptual …
Appellate Practice And Procedure, K. Todd Butler
Appellate Practice And Procedure, K. Todd Butler
Mercer Law Review
This Article reviews cases decided in 2003 by the United States Court of Appeals for the Eleventh Circuit that have the greatest bearing on issues of federal appellate procedure for attorneys practicing in the Eleventh Circuit. Topics reviewed include parties' designation of matters appealed in the Notice of Appeal; parties' actions taken during or prior to trial to preserve issues for appeal; the interlocutory jurisdiction of appellate courts; the lack of appellate jurisdiction resulting from the mootness of issues appealed; and the invited error and judicial estoppel rules.
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar
San Diego International Law Journal
The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
Military Detention And The Judiciary: Al Qaeda, The Kkk And Supra-State Law, Wayne Mccormack
San Diego International Law Journal
This Article touches on the choice of whether to use the language and tools of war or the language and tools of law enforcement in responding to terrorism. The principal focus, however, is on the limited issue of judicial review and military detentions. The Article reviews the case law created on this subject during the Civil War and World War II. Historical considerations are found by the author to be relevant and helpful in solving the incoherency of current legal responses to terrorism. For instance, indefinite military detention is not coherent with either the international law concept of violations of …
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin
San Diego International Law Journal
This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …
Does Time Eclipse Crime? Stogner V. California And The Court's Determination Of The Ex Post Facto Limitations On Retroactive Justice, Ryan D. Frei
University of Richmond Law Review
No abstract provided.
An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper
An Open Question In Utah's Open Courts Jurisprudence: The Utah Wrongful Life Act And Wood V. University Of Utah Medical Center, Glenn E. Roper
BYU Law Review
No abstract provided.
Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog
Michigan Telecommunications & Technology Law Review
The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …
The United Kingdom, Jeremy Barnett
The United Kingdom, Jeremy Barnett
William & Mary Bill of Rights Journal
No abstract provided.
Videoconferencing: Learning Through Screens, Nancy Gertner
Videoconferencing: Learning Through Screens, Nancy Gertner
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: What Have We Wrought?, Fredric I. Lederer
Introduction: What Have We Wrought?, Fredric I. Lederer
William & Mary Bill of Rights Journal
No abstract provided.
Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel
Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel
William & Mary Bill of Rights Journal
No abstract provided.
Courts And Lawyers On The Arkansas Frontier, Lynn Foster
Courts And Lawyers On The Arkansas Frontier, Lynn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
The Confluence Of Law And Policy In Leveraging Technology: Singapore Judiciary's Experience, Richard Magnus
The Confluence Of Law And Policy In Leveraging Technology: Singapore Judiciary's Experience, Richard Magnus
William & Mary Bill of Rights Journal
No abstract provided.