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Articles 3391 - 3420 of 6128

Full-Text Articles in Law

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker Jan 2004

Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker

Richmond Journal of Law and the Public Interest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton Jan 2004

America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton

Richmond Journal of Law and the Public Interest

America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …

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Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells Jan 2004

Sattazahn V. Pennsylvania: Double Jeopardy And The Definition Of "Acquittal" In Capital-Sentencing Proceedings, Matthew G. Howells

University of Richmond Law Review

No abstract provided.

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The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr. Jan 2004

The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.

University of Richmond Law Review

No abstract provided.

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State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard Jan 2004

State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard

University of Richmond Law Review

No abstract provided.

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Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii Jan 2004

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.

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Plaintiff’S Reply Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association Jan 2004

Plaintiff’S Reply Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

The government’s assumption that commercial speech restrictions should be judged by the same standard as time, place or manner restrictions fails to accurately set forth the relevant burden of proof articulated in more recent commercial speech cases.

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Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association Jan 2004

Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

This case is a cautionary tale about what happens when federal agencies allow perceived political imperatives to override legal and constitutional concerns.

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Defendant’S Brief — Federal Trade Commission Jan 2004

Defendant’S Brief — Federal Trade Commission

Richmond Journal of Law & Technology

Plaintiff/petitioner telemarketers brought these actions challenging the FTC’s and FCC’s joint implementation of a nationwide do-not-call registry. The FTC created the registry as part of its Telemarketing Sales Rule. The Rule prohibits tele- marketers and sellers from calling phone numbers that consumers have listed on the registry. Subsequently, the FCC amended its rules implementing the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, to prohibit persons from mak- ing telephone solicitations to residential telephone subscribers who have registered their telephone numbers on the registry. Since June 27, 2003, when the registry opened, consumers have registered more than 50 million …

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Brief Of Amicus Curiae – American Association Of Retired Persons Jan 2004

Brief Of Amicus Curiae – American Association Of Retired Persons

Richmond Journal of Law & Technology

AARP is a non-partisan, non-profit organization with more than 35 million members aged 50 and older. As the largest membership organization representing the interests of older Americans, AARP has a longstanding interest and involvement in combating telemarketing abuses and educating consumers about dealing with unwanted sales calls. While AARP’s concerns about telemarketing arose due to widespread fraudulent practices that targeted older persons (and those concerns continue), these initial concerns led to an expanded focus on effective means to reduce numerous, repeated intrusions into people’s homes by callers trying to sell myriad products and services. AARP thus has devoted significant resources …

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Brief Of Amici Curiae – Representatives W.J. “Billy” Tauzin And John D. Dingell And Certain Other Members Of The House Of Representatives Of The United States Jan 2004

Brief Of Amici Curiae – Representatives W.J. “Billy” Tauzin And John D. Dingell And Certain Other Members Of The House Of Representatives Of The United States

Richmond Journal of Law & Technology

In 1995, the Federal Trade Commission (“FTC”) promulgated telemarketing rules that prohibit “a seller or telemarketer [of goods or services] from calling a consumer who has previously asked not to be called by or on behalf of that seller.” Earlier this year, the FTC amended its rules to make it easier for consumers to avoid telemarketing calls. Under the revised rule, commonly known as the “Do Not Call” rule, individuals can choose to prohibit all commercial telemarketing calls to their homes or cellular phones, with a limited exception for calls made pursuant to an established business relationship. The revised FTC …

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Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation Jan 2004

Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation

Richmond Journal of Law & Technology

This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …

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Telemarketing Sales Rule Commentary — Cox Enterprises, Inc. Jan 2004

Telemarketing Sales Rule Commentary — Cox Enterprises, Inc.

Richmond Journal of Law & Technology

Cox Enterprises, Inc. (“CEI” or “Cox”) hereby submits these comments in response to the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking relating to the proposed amendment of the Telemarketing Sales Rule (the “TSR” or “Rule”). Cox welcomes this opportunity to comment on the proposed amended Rule, and strongly supports the efforts of the FTC to protect consumers from fraudulent and deceptive telemarketing.

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“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Lee Hammond Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Lee Hammond

Richmond Journal of Law & Technology

My name is Lee Hammond and I am a member of AARP’s Board of Directors. On behalf of AARP and its thirty- ve million members, thank you for inviting us here this morning to discuss the importance of implementing and enforcing the Federal Trade Commission’s (FTC) national Do Not Call registry. AARP’s members have been among the millions of Americans who have taken the initiative to place their phone numbers into the Registry in an effort to reduce the amount of unwanted telemarketing calls. We share your indignation over recent court decisions to stymie this effort and we are here …

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“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris

Richmond Journal of Law & Technology

As you know, the Commission adopted the Registry as one of the amendments to the Telemarketing Sales Rule (TSR) announced December 18, 2003, and formally promulgated in the Federal Register on January 29, 2003. On March 11, 2003, President Bush signed into law the Do Not Call Implementation Act (DNCIA), which provides for the FTC to collect fees from sellers and telemarketers to fund the establishment and maintenance of the National Do Not Call Registry. Congress enacted this legislation, and provided complementary appropriations, to support the FTC’s decision to establish such a Registry (conditioned on funding) as part of its …

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“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Gerald Cerasale Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Gerald Cerasale

Richmond Journal of Law & Technology

Good morning, Mr. Chairman and members of the Committee. I thank you for the opportunity to appear before your Committee as it examines the issues surrounding the national Do-Not-Call Registry. I am Jerry Cerasale, Senior Vice President for The Direct Marketing Association, Inc. (“The DMA”).

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“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Tim Searcy Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Tim Searcy

Richmond Journal of Law & Technology

Senators, thank you for giving me this opportunity to testify before you today, on a matter of great importance to U.S. consumers, and business alike: the formation of a federal Do Not Call Registry. I am the Executive Director of the American Teleservices Association, which is the largest and only association dedicated exclusively to the interests of the teleservices industry. We are enjoying our twentieth anniversary this year, and represent approximately 650 rms involved in the teleservices industry. Our membership is tremendously diverse, and encompasses all aspects of telemarketing, customer service, market research, political calling, non- profit fundraising and technical …

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“Do-Not-Call List” Testimony: Before The House Committee On Energy And Commerce, Timothy J. Muris Jan 2004

“Do-Not-Call List” Testimony: Before The House Committee On Energy And Commerce, Timothy J. Muris

Richmond Journal of Law & Technology

Mr. Chairman, I am Timothy J. Muris, Chairman of the Federal Trade Commission.1 I am pleased to appear today, on behalf of the Commission, to provide the Committee with information about our recently-announced amendments to the Telemarketing Sales Rule (“TSR” or “Rule”). In particular, you have asked about our request for authority to collect fees to offset the costs of implementing the “do-not-call” amendments to the TSR. Our testimony provides an overview of the TSR amendment process, discussion of the do-not-call provisions, and an examination of the funding request. The do-not-call registry is an important aspect of the Commission’s ongoing …

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Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii Jan 2004

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

On behalf of the 2003-2004 Editorial Board, it is my pleasure to welcome you to the fth and nal issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue represents another “ first” for the Journal – the world’s first Annual Survey dedicated to e-Discovery law. For more information on this Issue, I invite you to read the Letter from the Annual Survey Editor and the article, A Topic Both Timelyand Timeless, prepared by Professor James Gibson.

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Electronic Discovery Best Practices, Virginia Llewellyn Jan 2004

Electronic Discovery Best Practices, Virginia Llewellyn

Richmond Journal of Law & Technology

The concept of electronic discovery is still somewhat intimidating to many attorneys, but those who have learned to implement electronic discovery best practices are enjoying the advantages it offers, which include greater control over document review and production processes as well as significant cost reductions. Whether you come to the discovery process as in-house or outside counsel, you can anticipate some of the issues involved in responding to electronic data requests. Pre-review cooperation among in-house counsel, their litigators, and Information Technology (IT) personnel is ideal for planning a successful electronic discovery response.

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Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone Jan 2004

Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone

Richmond Journal of Law & Technology

Seventy years ago, when the world was still paper-based, a famous lyricist wrote: “Say, it’s only a paper moon [s]ailing over a cardboard sea. But it wouldn’t be make-believe [i]f you believed in me.” Jump to today’s digital world, and imagine those lines re-written in an e-mail from a litigator to a client: “Now, underneath each paper moon is a vast electronic sea. If you plot a realist’s course you’ll cruise e-Discovery.” In the twentieth century, while civil litigation often wallowed in discovery disputes, at least paper’s one-dimensional nature provided several boundaries. The expansive powers of …

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An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine Jan 2004

An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine

Richmond Journal of Law & Technology

Business and war have one thing in common: strategy. “Never to be undertaken thoughtlessly or recklessly, [strategy is] to be preceded by measures designed to make it easy to” obtain the desired outcome. “A skilled general must be master of the complementary arts of simulation and dissimulation; while creating shapes to confuse and delude the [negotiating adversary] he conceals his true dispositions and ultimate intent.” His actions “are designed to entice the [adversary], to unbalance him, and to create a situation favourable for a decisive counter-stroke.”

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An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric Allen Engle Jan 2004

An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric Allen Engle

Richmond Journal of Law & Technology

This paper presents an introduction to artificial intelligence for legal scholars and includes a computer program that determines the existence of jurisdiction, defences, and applicability of the Alien Tort Claims Act and Torture Victims Protection Act. The paper includes a discussion of the limits and implications of computer programming in formal representations of the law. Concluding that formalization of the law reveals implicit weaknesses in reductionist legal theories, this paper emphasizes the limitations in practice of such theories.

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Learning From The Mistakes Of The Past: Disclosure Of Financial Conflicts Of Interest And Genetic Research, Christopher Jackson Jan 2004

Learning From The Mistakes Of The Past: Disclosure Of Financial Conflicts Of Interest And Genetic Research, Christopher Jackson

Richmond Journal of Law & Technology

“Every human being of adult years and sound mind has a right to determine what shall be done with his own body . . . .” From Benjamin Cardozo’s early expression of the principle of patient autonomy emerged the doctrine of informed consent, defined by both contract and fiduciary laws and elaborated upon by courts, state and federal legislatures, and professional associations. Later, as the world sought to reassemble itself following the horrors of World War II, the promulgation of the Nuremberg Code established an international standard for the treatment of human research subjects. The experiences of the Nazi atrocities, …

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The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt Jan 2004

The Avid Sportsman And The Scope For Self-Protection: When Exculpatory Clauses Should Be Enforced, Robert Heidt

University of Richmond Law Review

No abstract provided.

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Using Adr To Resolve Online Disputes, Aashit Shah Jan 2004

Using Adr To Resolve Online Disputes, Aashit Shah

Richmond Journal of Law & Technology

In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …

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Brief Of Amicus Curiae — U.S. States Jan 2004

Brief Of Amicus Curiae — U.S. States

Richmond Journal of Law & Technology

America is frustrated with telemarketing. To help individuals reclaim a measure of peace and privacy in their homes, the States and, later, the federal agencies had to step in. On behalf of the fifty-one million individuals who have registered on the national do-not-call (“DNC”) list, Amici Curiae California, Colorado, Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, …

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Brief Of Amici Curiae — Aca International Jan 2004

Brief Of Amici Curiae — Aca International

Richmond Journal of Law & Technology

ACA International (“ACA”), formerly known as the American Collectors Association, Inc., is the international trade association for credit and collection professionals. ACA’s members provide a wide variety of accounts receivable management services. Headquartered in Minneapolis, Minnesota, ACA represents the interests of approximately 5,300 third-party collection agencies, attorneys, credit grantors and vendor affiliates.

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Telemarketing Sales Rule Comment For 16 Cfr Part 310 — American Association Of Retired Persons, David Certner Jan 2004

Telemarketing Sales Rule Comment For 16 Cfr Part 310 — American Association Of Retired Persons, David Certner

Richmond Journal of Law & Technology

AARP appreciates this opportunity to comment on the Federal Trade Commission’s (FTC) Notice of Proposed Rulemaking to amend the Telemarketing Sales Rule (the Rule). AARP’s interest in the Telemarketing Sales Rule and concerns about telemarketing abuses are long- standing. Seven years ago we were active participants in the original rulemaking proceeding. Since the adoption of the Rule in 1995, AARP has dedicated signi cant resources to educating consumers about telemarketing fraud and to working with federal, state and local law enforcement agencies to combat it. We have also worked with state legislatures to enact state telemarketing legislation. The existing Rule …

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“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Rodney Smolla Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Rodney Smolla

Richmond Journal of Law & Technology

I wish to thank the Committee for this opportunity to present testimony on the issues implicated by recent judicial rulings concerning the national telemarketing “Do Not Call” registry, developed by both the Federal Trade Commission and Federal Communications Commission.

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