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Articles 1771 - 1800 of 7597
Full-Text Articles in Law
Does Ricci Herald A New Disparate Impact?, Joseph Seiner, Benjamin N. Gutman
Does Ricci Herald A New Disparate Impact?, Joseph Seiner, Benjamin N. Gutman
Faculty Publications
Federal law has long prohibited not just intentional discrimination by employers, but also practices that have an unintentional disparate impact on minorities. A cryptic passage at the end of the Supreme Court's recent decision in Ricci v. DeStefano may signal a sea change for this disparate impact doctrine. Ricci, a lawsuit about a civil-service exam for firefighters, received widespread attention as a case about intentional discrimination. We show that the opinion also can be read to suggest a new affirmative defense for employers facing claims of disparate impact. Before Ricci, disparate impact was a purely no-fault doctrine. An employer was …
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Judges Playing Jury: Constitutional Conflicts In Deciding Fair Use On Summary Judgment, Ned Snow
Faculty Publications
Issues of fair use in copyright cases are usually decided at summary judgment. But it was not always so. For well over a century, juries routinely decided these issues. The law recognized that fair use issues were highly subjective and thereby inherently factual — unfit for summary disposition by a judge. Today, however, all this has been forgotten. Judges are characterizing factual issues as purely legal so that fair use may be decided at summary judgment. Even while judges acknowledge that reasonable minds may disagree on these issues, they characterize the issues as legal, preventing them from ever reaching a …
Epstein's Razor, David G. Owen
Epstein's Razor, David G. Owen
Faculty Publications
Richard Epstein, over a long and distinguished career, has offered inspired insights into how a legal system should be framed to serve the goals of those it governs. In that pursuit, he has relentlessly applied a sharp logic - call it Epstein's Razor - to shave away the detritus of complexity and confusion that surround perplexing problems, leaving standing only truths unscathed by competition among ideas. Over decades of diverse writings on law and political theory, highlighted by his elegant Simple Rules for a Complex World, Professor Epstein offers a vision of law constructed on the view that simplicity in …
School Discipline In New Haven: Law, Norms, And Beating The Game, Christopher Suarez
School Discipline In New Haven: Law, Norms, And Beating The Game, Christopher Suarez
The Journal of Law and Education
No abstract provided.
Parent Speech And The Courts, Ann Hassenpflug
Parent Speech And The Courts, Ann Hassenpflug
The Journal of Law and Education
No abstract provided.
Primary And Secondary Education
Primary And Secondary Education
The Journal of Law and Education
No abstract provided.
Universities & Other Institutions Of Higher Learning
Universities & Other Institutions Of Higher Learning
The Journal of Law and Education
No abstract provided.
Primary & Secondary Education - Commentary
Primary & Secondary Education - Commentary
The Journal of Law and Education
No abstract provided.
Globalizing No Child Left Behind: A Viable Catalyst In Implementing Progress For Social Integration Programs For Immigrant, English Language Learner, And Limited English Proficient Students, Jamie Lashawn Izlar
Globalizing No Child Left Behind: A Viable Catalyst In Implementing Progress For Social Integration Programs For Immigrant, English Language Learner, And Limited English Proficient Students, Jamie Lashawn Izlar
The Journal of Law and Education
No abstract provided.
Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Lisa V. Martin, Dale Margolin, Steve Berenson, Karen Pearlman, Maryann Zavez
Empowerment, Innovation, And Service: Law School Programs Provide Access To Justice And Instill A Commitment To Serve, Lisa V. Martin, Dale Margolin, Steve Berenson, Karen Pearlman, Maryann Zavez
Faculty Publications
Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law, The Earle Mack School of Law at Drexel University, Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents …
Abuse Of The Warranted But Precluded Designation: A Real Or Imagined Purgatory, K. Mollie Smith
Abuse Of The Warranted But Precluded Designation: A Real Or Imagined Purgatory, K. Mollie Smith
Southeastern Environmental Law Journal
No abstract provided.
Smart Growth: The Toolbox For Addressing Sprawling Development In Coastal South Carolina, Stephanie Ramia
Smart Growth: The Toolbox For Addressing Sprawling Development In Coastal South Carolina, Stephanie Ramia
Southeastern Environmental Law Journal
No abstract provided.
A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokley Carmichael, Lonnie T. Brown Jr.
A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokley Carmichael, Lonnie T. Brown Jr.
South Carolina Law Review
No abstract provided.
Reaching Equilibrium In Tobaccoo Litigation, James Henderson Jr., Aaron D. Twerski
Reaching Equilibrium In Tobaccoo Litigation, James Henderson Jr., Aaron D. Twerski
South Carolina Law Review
No abstract provided.
Preaching What They Don't Practice: Why Law Faculties' Preoccupation With Impractical Scholarship And Devaluation Of Practical Competencies Obstruct Reform In The Legal Academy, Brent E. Newton
South Carolina Law Review
No abstract provided.
The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg
The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg
South Carolina Law Review
No abstract provided.
Spare The Rod, But A Strip Search Is Okay - The Effect Of Qualified Immunity And Allowing A Strip Search In School, Holly Hudelson
Spare The Rod, But A Strip Search Is Okay - The Effect Of Qualified Immunity And Allowing A Strip Search In School, Holly Hudelson
The Journal of Law and Education
No abstract provided.
No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne-Tsoupros
No Child Left Behind: Disincentives To Focus Instruction On Students Above The Passing Threshold, Christina Payne-Tsoupros
The Journal of Law and Education
No abstract provided.
Construing Wills And Trusts During The Estate Tax Hiatus In 2010, S. Alan Medlin, F. Ladson Boyle
Construing Wills And Trusts During The Estate Tax Hiatus In 2010, S. Alan Medlin, F. Ladson Boyle
Faculty Publications
Many estate planners have drafted wills and revocable trusts with dispositive provisions based on formulas. These formulas often use language based on transfer tax terminology. For clients who die in 2010, the language used in these formulas will be ambiguous, if not apparently meaningless, because Congress failed to re-institute the estate tax for 2010. The resulting 2010 estate tax hiatus will result in will and revocable trust construction problems for the estates of many decedents who die during the hiatus. Courts will have to use statutory and common law construction methods to attempt to determine the decedent's dispositive intentions. This …
Supplying The Light At The End Of The Tunnel: Using State-Level Experience To Develop Federal-Level Renewable Energy Policy, Joshua J. Houser
Supplying The Light At The End Of The Tunnel: Using State-Level Experience To Develop Federal-Level Renewable Energy Policy, Joshua J. Houser
Southeastern Environmental Law Journal
No abstract provided.
Bridging The Gap: Using Social Psychology To Design Market Interventions To Overcome The Energy Efficiency Gap In Residential Energy Markets, Brandon Hofmeister
Bridging The Gap: Using Social Psychology To Design Market Interventions To Overcome The Energy Efficiency Gap In Residential Energy Markets, Brandon Hofmeister
Southeastern Environmental Law Journal
No abstract provided.
The Federal Rule Of Civil Procedure That Was Changed By Accident: A Lesson In The Perils Of Stylistic Revision, James J. Duane
The Federal Rule Of Civil Procedure That Was Changed By Accident: A Lesson In The Perils Of Stylistic Revision, James J. Duane
South Carolina Law Review
No abstract provided.
International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson
International Greenhouse Gas Offsets Under The Clean Air Act, Nathan D. Richardson
Faculty Publications
Offsets, and in particular international offsets, have been advanced as an important tool in climate policy, capable of significantly reducing the costs of emissions reductions. As attention turns to the existing CAA as a potential vehicle for general reduction of GHG emissions, an important question is whether regulation under the statute is compatible with international offsets. Certain regulatory programs under the CAA are likely candidates for GHG regulation, but many of them are legally incompatible with international offsets. Those programs that might permit use of international offsets have other problems that make them unpopular choices for GHG regulation. To the …
A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa A. Eichhorn
A Sense Of Disentitlement: Frame-Shifting And Metaphor In Ashcroft V. Iqbal, Lisa A. Eichhorn
Faculty Publications
No abstract provided.
The Law Librarian's Role In The Scholarly Enterprise, Duncan E. Alford
The Law Librarian's Role In The Scholarly Enterprise, Duncan E. Alford
The Journal of Law and Education
No abstract provided.
The Law Librarian's Role In The Scholarly Enterprise Colloquium, Stanley Katz
The Law Librarian's Role In The Scholarly Enterprise Colloquium, Stanley Katz
The Journal of Law and Education
No abstract provided.