Law Commons^™

Franklin V. Gwinnett County Public Schools: The Implication Of Remedies For An Implied Cause Of Action, Ellen F. Firsching

University of Richmond Law Review

According to the common law doctrine of ubi jus, ibi remedium, where there is a right, there is a remedy. The United States Supreme Court has long recognized the validity of this doctrine. Traditionally, the Court was very liberal in recognizing private rights of action, and granting injunctive and monetary relief for violations of constitutional and statutory rights in the absence of explicit congressional authorization. In Bell v. Hood, the Supreme Court stated: "[W]here federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to …

Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan

University of Richmond Law Review

A Chinese wall is essentially a screening mechanism set up within an institution to act as an "impermeable barrier to intrafirm exchange of confidential information." To prevent inadvertent "leakage" of confidential information, a number of precautions may be taken, including the establishment of organizational and physical structures designed to separate those who possess information from those who should not have it." Although of relatively new use in the legal profession, this type of "wall" is not new. Banks and securities firms, in an effort to protect their clients' financial confidences, routinely erect Chinese walls.

It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden

University of Richmond Law Review

Two years ago one of the authors published an article surveying the tax ramifications of prepaid college tuition plans, with a focus on the Michigan plan - the Michigan Education Trust ("MET"). That article took a generally positive view of such plans in general and of MET in particular. It discussed three basic themes: 1) the uncertainty of existing tax law with respect to prepaid tuition plans requires clarifying congressional legislation; 2) the position of the Internal Revenue Service ("Service") with respect to prepaid tuition plans, as enunciated in a private letter ruling addressed to MET, is flawed; and 3) …

Table Of Contents

South Carolina Law Review

No abstract provided.

South Carolina Employers' Contractual Liability To Atwill Employees: The Present State And Future Course Of The Small Cause Of Action, Brian Murphy

South Carolina Law Review

No abstract provided.

South Carolina Whistleblower Protection: The Good, The Bad, And The Ugly, Craig Berman

South Carolina Law Review

No abstract provided.

The Sixth Amendment Right To Counsel Of Choice: An Exercise In The Weighing Of Unarticulated Values, Eugene L. Shapiro

South Carolina Law Review

No abstract provided.

Justice David Souter And Statutory Interpretation, William S. Jordan Iii

Akron Law Faculty Publications

This article analyzes Justice David Souter’s early approach to statutory interpretation, drawing insights from his opinions shortly after joining the U.S. Supreme Court. William S. Jordan III situates Souter within the broader interpretive landscape, comparing his methodology to those of his contemporaries, particularly textualists and intentionalists. Jordan examines Souter’s nuanced engagement with legislative history, statutory text, and purpose, highlighting his tendency to seek a balanced and pragmatic interpretive stance. Rather than adhering rigidly to any single school of thought, Souter's opinions reflect a moderate, context-sensitive methodology grounded in respect for both legislative intent and judicial restraint. The article argues that …

The Statutory And Constitutional Limits Of Using Protected Speech As Evidence Of Unlawful Motive Under The National Labor Relations Act, Rebecca White

Scholarly Works

A difficulty inherent in cases under the National Labor Relations Act (NLRA), as in other areas of employment law, is in determining why the employer acted. Perhaps an even harder question, and one too frequently overlooked, is what form of evidence the National Labor Relations Board (NLRB or Board) and any reviewing court properly may consider in determining motive. More specifically, can the Board take into account an employer's vigorous opposition to the union in deciding whether or not a particular action was motivated by antiunion animus? Although common sense suggests yes, several courts of appeals have said no, relying …

The Theme Of Early American Law Teaching: The Political Ethics Of Francis Lieber, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Tribute: Professor Preble Stolz, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Why Deans Stay: A Quitter’S Response, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Rationalizing Jurisdiction, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Immigration And Group Relations In France And America, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

You Can Take Them To Water But You Can’T Make Them Drink: Black Legal Scholarship And White Legal Scholars, Jerome Mccristal Culp Jr.

Faculty Scholarship

No abstract provided.

Positivism In The English Law Of Contract, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

While there has been no paucity of theoretical discussion on the law of contract,’ there has, in English law at least, been little clear evidence from the courts themselves which particular jurisprudential approach is favoured.2 This is not surprising, given the rather formal nature of the English legal system.’ Herein, perhaps, lies a clue - that English law in general and its contract law in particular are generally oriented towards so-called ‘black letter law’; or, to be more precise, that the generally favoured conception of law is that of po~itivism.~ Asalready mentioned, however, there has been little express acknowledgement of …

Electronic Information Tools - The Outer Edge Of World Intellectual Property Law, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Environmental Policy For Eastern Europe:Technology-Based Versus Market-Based Approaches, Jonathan B. Wiener, Richard B. Stewart, Donald J. Dudek

Faculty Scholarship

No abstract provided.

Overlapping Proprietary Rights In University-Generated Research Products: The Case Of Computer Programs, Jerome H. Reichman

Faculty Scholarship

No abstract provided.

Minow’S Social Relations Approach: Unanswering The Unasked Questions, Katharine T. Bartlett

Faculty Scholarship

reviewing Martha Minow, Making All the Difference: Inclusion, Exclusion, and American Law (1990)

Individual Conscience And The Law, Laura S. Underkuffler

Faculty Scholarship

No abstract provided.

Enterprise And American Law 1836-1937. By Herbert Hovenkamp. Cambridge, Ma: Harvard University Press, 1991., Barry Cushman

Journal Articles

Book review of Enterprise and American Law 1836-1937 by Herbert Hovenkamp. Cambridge, MA: Harvard University Press, 1991

Constitutional Theory Beyond Left And Right, Gerard V. Bradley

Journal Articles

Hadley Arkes: Beyond the Constitution. (Princeton: Princeton University Press, 1990. Pp. 288. $24.95.)

Hadley Arkes's latest book is Beyond the Constitution and it is virtually a tour de force. Author of The Philosopher in The City and First Things, in the new work Arkes persuasively criticizes both liberal and conservative constitutionalism as well as their common legal theoretical base, displaying all the while the philosophical astuteness and elegant prose his prior work has accustomed readers to expect. Anyone remotely interested in constitutional law should read this book.

Enforcing The New International Law Of The Environment, Mary Ellen O'Connell

Journal Articles

New international environmental law is emerging at an unprecedented pace. In addition to the hundreds of treaties already adopted and the many more in the midst of negotiation, a new and important rule of customary international law is developing which obligates States to take steps to prevent environmental harm before it occurs. But can this newly emerging law be enforced? Many have the impression that international environmental law cannot be enforced or is rarely enforced. While it is true that the enforcement picture is not overly impressive, it is not true that enforcement is impossible or cannot be improved. This …

Banning Broadcasting – A Transatlantic Perspective, Geoffrey Bennett, Russel L. Weaver

Journal Articles

The British Government's decision to prohibit radio and television networks from airing interviews or statements by members of certain Northern Ireland organizations, or by allies and sympathizers of such organizations (the Broadcasting Ban or Ban) is analyzed in context. From an analysis of the Ban, some conclusions are drawn about the nature of judicial review.

Doctrinal Synergies And Liberal Dilemmas: The Case Of The Yellow-Dog Contract, Barry Cushman

Journal Articles

The three decades spanning the years 1908 to 1937 saw a remarkable transformation of the Supreme Court's jurisprudence concerning the rights of workers to organize. In 1908, the Court held that a federal law prohibiting employers from discharging an employee because of his membership in a labor union violated the liberty of contract secured to the employer by the Fifth Amendment. In 1915, the Court similarly declared a state statute prohibiting the use of "yellow-dog" contracts unconstitutional. In 1937, by contrast, the Court upheld provisions of the Wagner Act prohibiting both discharges for union membership and the use of yellow-dog …

Tort Law: The Languages Of Duty, Jay Tidmarsh

Journal Articles

Summarizing the developments in Indiana tort law is a daunting, perhaps impossible task. In more than 115 reported opinions, state and federal courts wrestled with issues, many of them issues of first impression, which ranged across the spectrum of tort law. A constant thread runs through many of these cases. The thread is duty. Time and again during the past year, Indiana courts were required to decide whether a particular set of facts gave rise to a duty of care by the defendant or an obligation of avoidance by the plaintiff.

Some of the cases involved novel legal duties, while …

A Judicial Clerkship 24 Years After Graduation: Or, How I Spent My Spring Sabbatical, Joseph P. Bauer

Journal Articles

The career path of many law professors includes a judicial clerkship - typically, right after graduation. Almost all law professors have extolled the clerkship experience and have written letters of recommendation for students applying for those positions. While I fall into the latter category, I did not fall into the former - at least not until my recent sabbatical.

When I was a law student, I gave no thought to a clerkship, and none of my teachers encouraged me to pursue that route. (In fact, graduating in 1969 at the height of the Vietnam War, I thought mainly - like …

Protecting Religious Liberty: Judicial And Legislative Responsibilities, Gerard V. Bradley

Journal Articles

Is the First Amendment hostile to religion? Answering that question requires at least the usual professorial ration of caveats. I assure you that I will directly answer the question. I submit, though, that the caveats constitute a more important, deeper response, a response which questions the question itself. Were I more radical in my intellectual sympathies, I would propose to deconstruct the question.

Permanent Legislation To Correct Duro V. Reina, Nell Jessup Newton

Journal Articles

In Duro v. Reinal the Supreme Court held that Indian tribal courts do not have criminal jurisdiction over nonmember Indians. In so doing the Court extended its earlier holding in Oliphant v. Suquamish Indian Tribe, which had prevented tribes from exercising criminal jurisdiction over non-Indians and struck a serious blow to tribal sovereignty. The Oliphant decision has been soundly criticized as ahistorical and even dishonest, as well as essentially ethnocentric. The case also posed grave dangers to tribal people, because of the great number of nonmember Indians who live and work on Indian reservations, and the fact that nonmembers fall …