Law Commons^™

Are You Breaking Some Sort Of Law?: Protecting An Employee's Informal Complaints Under The Fair Labor Standards Act's Anti-Retaliation Provision, Jennifer Lynne Redmond

William & Mary Law Review

No abstract provided.

John E. Donaldson - Integrity, Sensitivity, And Contribution: A Living Citizen Lawyer, Mark S. Dray

William & Mary Law Review

No abstract provided.

Donaldson Tribute, Davis Y. Paschall

William & Mary Law Review

No abstract provided.

Pharmaceutical Dispensing In The "Wild West": Advancing Health Care And Protecting Consumers Through The Regulation Of Online Pharmacies, Sean P. Haney

William & Mary Law Review

No abstract provided.

Definite Articles: Using The Law Review Article Type Indicator® To Make Law Review Publishing Decisions, Eric A. Chiappinelli

William & Mary Law Review

No abstract provided.

The Myth Of Extraconstitutional Foreign Affairs Power, Michael D. Ramsey

William & Mary Law Review

No abstract provided.

Delinquency And Victimization Among Adolescents: An Examination Of The Relationship And Lifestyle Influences, Joy Eileen Livergood

Sociology & Criminal Justice Theses & Dissertations

This research examines the correlation between delinquency and victimization. Consideration is given to the lifestyle influences including the routine activities and demographic factors. Data from the 1997 Monitoring the Future data set are analyzed in an attempt to understand the extent of the relationship as well as the impact of various lifestyle activities and demographic factors. The study was guided by previous research examining the correlation between delinquency and victimization as well as the impact of lifestyle elements. SPSS 9.0 for Windows was used to analyze the data. Overall, the findings suggest that there is a correlation between delinquency and …

Chinese Privatization: Between Plan And Market, Lan Cao

Law and Contemporary Problems

Since 1978, when China adopted its open-door policy and allowed its economy to be exposed to the international market, it has produced an economy with one of the most rapid growth rates in the world. Cao examines the general framework and other related issues associated with the privatization debate of the Chinese economy.

Public Service Law: Privatization’S Unexpected Offspring, Tony Prosser

Law and Contemporary Problems

What has occurred in the United Kingdom is a move toward the development of a body of legal doctrine closer to the concept of public service enshrined in other European legal systems. Prosser asserts that it has been largely due to the creation of regulators independent of government and enterprise, thus making some legal framework to structure relations inevitable.

Constitutional Approaches To Privatization: An Inquiry Into The Magnitude Of Neo-Liberal Constitutionalism, David Schneiderman

Law and Contemporary Problems

Schneiderman discusses whether constitutional rules in the state capitalist mode that redistribute property ownership more widely can survive the pressures generated by the neo-liberal model of constitutionalism. Schneiderman considers privatization programs that concern the divestiture of state assets, or denationalization through the sale of shares or assets to employees and employee associations.

Taxing The Market Citizen: Fiscal Policy And Inequality In An Age Of Privatization, Lisa Philipps

Law and Contemporary Problems

Focusing on Canada, Philipps argues that recent efforts to revise important facets of the income tax system are best understood through the lens of privatization. By promoting personal responsibility, the tax code is contributing to the erosion of the ideal of social citizenship and replacing it with a new model of market citizenship.

Liberalization And Democratization: The Forum And The Hearth In The Era Of Cosmopolitan Post-Industrial Capitalism, Sol Picciotto

Law and Contemporary Problems

Rather than the desire for economic liberalization bringing about political democratization, the struggles against autocracy have created an opening for economic liberalization. While undermining partriarchy and hierarchy, anti-authoritarian movements have also paved the way for post-industrial capitalism, with its emphasis on information management, flexible working conditions, and a global outlook.

Journal Staff

Law and Contemporary Problems

No abstract provided.

Barriers And Incentives To The Adoption Of Iso 14001 By Firms In The United States, Magali A. Delmas

Duke Environmental Law & Policy Forum

No abstract provided.

Small Step Back, A Giant Step Forward, Gerard V. Bradley

Journal Articles

President's Page

Bradley recounts the backward and forward rulings of the Supreme Court in 2000.

Race And The Australian Constitution: From Federation To Reconciliation, George Williams

Osgoode Hall Law Journal

The framing of the Australian Constitution initiated a pattern of discrimination against Australia's Indigenous peoples. They were cast as outsiders to the nation brought about in 1901. This pattern was broken in 1967 by the deletion of the discriminatory provisions from the Constitution. Today, there is strong community support in Australia for the reconciliation process, which would involve recognition of Indigenous peoples as an integral and unique component of the Australian nation. However, this has yet to be translated into substantive legal outcomes. The author analyses the interaction of issues of race and the Australian Constitution as it has affected …

Book Review: Theories Of World Government: A Study In The History Of Ideas

Connecticut Journal of International Law

THEORIES OF WORLD GOVERNMENT: A STUDY IN THE HISTORY OF IDEAS by Cornelius F. Murphy, Jr. Washington, D.C.: Catholic University of America Press, 1999. pp. 196.

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Connecticut Journal of International Law

In recent months, the guerrilla war in Colombia has dramatically entered the world stage. While Colombian governments for decades resisted the internationalization of the internal conflict, they are now lobbying for U.S. and European financial support, accepting bi-lateral conditions, and invoking international norms. This approach offers new possibilities for resolving the forty year conflict. Upon closer analysis, it could also prolong it. By internationalization, here, is not meant the mandatory application of the laws of interstate war nor the recognition of fights to self-determination. It refers to attempts to manage, and potentially resolve, the internal conflict through international legal formulas, …

Comment: V V. United Kingdom: Is It A "New Deal" For Prosecuting Children As Adults, Eric D. Sentlinger

Connecticut Journal of International Law

Recent years have witnessed an increasing trend in the United States that involves children being prosecuted in adult criminal courts. This trend has been attributed to an increase in serious crimes committed by children of young age. In the past decade the United Kingdom has also begun to prosecute children who commit serious crimes in adult criminal courts. In V v. United Kingdom' and In re Abraham' the United Kingdom and State of Michigan, respectively, tried children of ages ten and eleven for murder in adult criminal courts. In the case of V, the children were ten years of age …

Comment: Which Path To Follow: A Comparative Perspective On The Right Of Publicity, Kevin M. Fisher

Connecticut Journal of International Law

Over the last fifty years, the right of publicity has emerged as one of the most dynamic and fluid areas of law in the United States. The right of publicity "protects against commercial misappropriation of one's name, likeness, or identity."' In other words, advertisers and other commercial entities may not use a celebrity's image to gain a commercial advantage in their business endeavors. Advertisers and promoters now must take into account not only the rights of large movie studios or professional sports teams but also the rights of the actors and athletes.

Disentangling Deregulatory Takings, Jim Rossi, Susan G. Rose-Ackerman

Vanderbilt Law School Faculty Publications

Constitutional takings protections, such as those in the Fifth Amendment of the United States Constitution, create a potential for state liability for changes in regulatory policy by governments. This Article critiques takings jurisprudence in the context of two infrastructure investment issues: the stranded cost problem facing United States utility industries, which has given rise to claims of compensation for deregulatory takings; and the development of standards to protect direct foreign investment in developing countries. In both contexts, traditional legal doctrines do not adequately provide for the type of remedy sought so courts are in need of standards to assist them …

Schechter Poultry At The Millennium: A Delegation Doctrine For The Administrative State, Lisa Schultz Bressman

Vanderbilt Law School Faculty Publications

The new delegation doctrine might seem perplexing to both sides of the current delegation debate. Either it is too intrusive on administrative prerogatives or it is not nearly intrusive enough. The new delegation doctrine is difficult to comprehend only because it evinces a different focus. While the debate concentrates primarily on the legitimacy of lawmaking by administrative agencies, the new doctrine speaks more to the goal of promoting the legitimacy of law made by administrative agencies. It might even be fair to say that, in this regard, the new doctrine moves beyond the academic debate. Moreover, the new doctrine neither …

Household Specialization And The Male Marriage Wage Premium, Joni Hersch, Leslie S. Stratton

Vanderbilt Law School Faculty Publications

Empirical research has consistently shown that married men have substantially higher wages, on average, than otherwise similar unmarried men. One commonly cited hypothesis to explain this pattern is that marriage allows one spouse to specialize in market production and the other to specialize in home production, enabling the former - usually the husband - to acquire more market-specific human capital and, ultimately, earn higher wages. The authors test this hypothesis using panel data from the National Survey of Families and Households. The data reveal that married men spent virtually the same amount of time on home production as did single …

Using Bargaining For Advantage In Law School Negotiation Courses, Chris Guthrie

Vanderbilt Law School Faculty Publications

Options, options, options ....The Negotiation literature-at least the "problem-solving" or "interestbased" or "principled" negotiation literature'repeats this mantra over and over and over. It seems self-evident that having lots of options is a good idea because more options means more to choose from. The more options there are to choose from, however, the more difficult choosing can be. Options, in short, may increase the likelihood that one will make an optimal decision, but they impose added "decision costs" on the decision maker. Law professors now face this happy dilemma when choosing materials for their Negotiation courses. Options abound-including the negotiation chapters …

Does The Solicitor General Advantage Thwart The Rule Of Law In The Administrative State?, Jim A. Rossi

Vanderbilt Law School Faculty Publications

Linda Cohen and Matthew Spitzer's study, "The Government Litigant Advantage," sheds important light on how the Solicitor General's litigation behavior may impact the Supreme Court's decision making agenda and outcomes for regulatory and administrative law cases. By emphasizing how the Solicitor General affects cases that the Supreme Court decides, Cohen and Spitzer's findings confirm that administrative law's emphasis on lower appellate court decisions is not misplaced. Some say that D.C. Circuit cases carry equal-if not more-precedential weight than Supreme Court decisions in resolving administrative law issues. Cohen and Spitzer use positive political theory to provide a novel explanation for some …

Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia R. Farina, Ernest Gellhorn, John D. Graham, C. Boyden Gray, Jeffrey Holmstead, Ronald M. Levin, Lars Noah, Katherine Rhyne, Jonathan Baert Weiner

Cornell Law Faculty Publications

As the number, cost, and complexity of federal regulations have grown over the past twenty years, there has been growing interest in the use of analytic tools such as risk assessment and cost-benefit analysis to improve the regulatory process. The application of these tools to public health, safety, and environmental problems has become commonplace in the peer-reviewed scientific and medical literatures. Recent studies prepared by Resources for the Future, the American Enterprise Institute, the Brookings Institution, and the Harvard Center for Risk Analysis have demonstrated how formal analyses can and often do help government agencies achieve more protection against hazards …

Tribute To Tom Collins, John E. Donaldson

William & Mary Law Review

No abstract provided.

Rethinking The History Of American Freedom, Michael J. Klarman

William & Mary Law Review

No abstract provided.

Dedication To John E. Donaldson, Editors Of The William And Mary Law Review

William & Mary Law Review

No abstract provided.

The Stalwart Donaldson, W. Taylor Reveley Iii

William & Mary Law Review

No abstract provided.