Law Commons^™

Censorship Of Student Internet Speech: The Effect Of Diminishing Student Rights, Fear Of The Internet And Columbine, David L. Hudson Jr.

Law Faculty Scholarship

Analysis and examination of the case law of student Internet website speech created off campus.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 5, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2000, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Is America A Systematic Violator Of Human Rights In The Administration Of Criminal Justice?, Stephen C. Thaman

All Faculty Scholarship

This article focuses on vast American violations of human rights in the administration of criminal justice. It traces the development of these rights in the context of the two most pernicious human rights violations plaguing the United States: the death penalty and racism in the enforcement of criminal laws. The author calls attention to the politicization of the American justice system and its devastatingly negative impact on America’s preservation of human rights.

Can The Vice President Preside At His Own Impeachment Trial?: A Critique Of Bare Textualism, Joel K. Goldstein

All Faculty Scholarship

Turn the clock back for a moment to August 1973. In the midst of the burgeoning Watergate scandal, the nation discovered that Vice President Spiro T. Agnew was being investigated for allegedly accepting bribes from contractors, and for committing tax fraud while Governor of Maryland and Vice President. The investigation, by attorneys in the United States Attorneys Office in Maryland, ultimately gathered sufficient evidence to present to a grand jury. To avoid the spectre of likely indictment and prosecution, Agnew elected to resign his office and plead nolo contendere.[1]
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/="/">But suppose Agnew had decided not to go quietly.[2] …

Insurance Panel

Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

The Exclusion Of Y2k Related Losses From Aviation Insurance Policies - Practicalities, Politics, And Legalities, Tony Pyne

Journal of Air Law and Commerce

No abstract provided.

Foreword, L. Katherine Murray

University of Richmond Law Review

The University ofRichmond Law Review is pleased to present the seventh annual Allen ChairSymposium issue. Through the generous support of the friends and family of George E. Allen, the annual symposium series provides a forum for discussion of legal issues of national and international significance. This issue ofthe Law Review is the literary complement to the symposium presentations.

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

University of Richmond Law Review

A world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy's depiction of "Robert Bork's America!' as "a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids." Bork's sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders "banked …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Enlightenment Case For Vouchers, John O. Mcginnis

Articles

No abstract provided.

Religion And The Law In The Clinton Era: An Anti-Madisonian Legacy, Marci A. Hamilton

Articles

No abstract provided.

Images Of Justice, Lela P. Love

Articles

No abstract provided.

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …

Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price

Articles

The article examines the international community's use of media intervention in Bosnia following the Dayton Peace Accords, highlighting the establishment of mechanisms to regulate and influence media to prevent ethnic conflict. It explores the legal justifications and challenges surrounding such interventions, emphasizing the role of the Office of the High Representative (OHR) and the OSCE in promoting a pluralistic media environment. The analysis underscores the tension between international intervention and national sovereignty, raising important questions about the legal framework governing such actions.

The Evolving Judicial Role In Child Custody Disputes: From Fault Finder To Conflict Manager To Differential Case Management, Andrew Schepard

Hofstra Law Faculty Scholarship

The judiciary's role in divorce related child custody disputes has been transformed in the latter half of the twentieth century in response to the changing characteristics of American families, changing perceptions of the needs of children, and an overwhelming case load increase. The transformation occurred in two distinct phases, and a third is currently in process.

In Phase I, from the late 1960s (the beginning of widespread "no fault" divorce) to 1980, the child custody court was a fault finder functioning through adversary procedure. The court's job was to identify a single custodial parent and assign that parent primary legal …

Towards Equalization Of The Personal Retirement Savings Prerogatives Of Small Business Owners And Their Employees, Richard Kovach

Akron Law Faculty Publications

No abstract provided.

Incorporating The Partnership Theory Of Marriage Into Elective-Share Law: The Approximation System Of The Uniform Probate Code And The Deferred-Community-Property Alternative, Alan Newman

Akron Law Faculty Publications

Incorporating the Partnership Theory of Marriage into Elective-Share Law: The Approximation System of the Uniform Probate Code and the Deferred-Community-Property Alternative

With respect to marital property rights, the contemporary view of marriage is that it is an economic partnership. Spouses are viewed as equal partners with respect to property acquired during the marriage from either of their efforts, but as having no claim to property the other spouse brought to the marriage, or received by gift or inheritance during the marriage. The widespread acceptance of this theory, which has long been an underlying principle of the community-property system, is evidenced …

Financial Exploitation Statutes’ Impact On Domestic Relations Practice, Carolyn L. Dessin

Akron Law Faculty Publications

As baby boomers age, we seem to be thinking more and more about the concerns and needs of the older American. From retirement communities that sprout like weeds to ubiquitous Viagra ads, the national attention increasingly seems focussed on the aging population.

One outgrowth of this increased attention to elder issues is a growing awareness of elder abuse. This problem went virtually unnoticed before 1975, when various organizations began studying it. Now, discussions about elder abuse take place with increasing frequency, and one hears frequent calls for action to prevent or remedy the problem. Although there are few attempts to …

Education And The Constitution: Shaping Each Other And The Next Century, Elizabeth Reilly

Con Law Center Articles and Publications

Thinking about the interaction between the Constitution and education reveals that they are deeply interconnected, at profound levels of interdependence and complexity. Those connections are often strikingly visible, but are sometimes quite subtle.

A fundamental interdependence was formed with the decision to formulate our governmental structure as a democratic republic. The Constitution created the necessity for adequate public education to prepare the citizenry to exercise the role of self-government. An educated voting public underpins a successful democratic structure, as was explicitly recognized in Brown v. Board of Education, in which the Court acknowledged:

the importance of education to our democratic …

Is Hedge Fund Regulation Necessary?, Willa E. Gibson

Akron Law Faculty Publications

The financial collapse of Long Term Capital Management, L.P., has led federal regulators and financial regulators to question whether additional regulatory constraints on a hedge fund's use of leverage are necessary to protect against financial market disruption. This Article discusses whether additional regulation is needed to protect against the possibility of systemic loss triggered by a hedge fund's excessive use of leverage. After reviewing the existing federal regulations to which hedge funds are potentially subject, this article concludes that private market regulation, through the exercise of more diligent market discipline by both hedge funds and those entities that extend credit …

Envirocare V. Nrc Increases Agency Discretion To Deny Administrative Intervention: Right Result - Wrong Reason, William S. Jordan Iii

Akron Law Faculty Publications

In this article, William S. Jordan III critiques the D.C. Circuit's decision in Envirocare of Utah, Inc. v. NRC, which upheld the Nuclear Regulatory Commission’s (NRC) decision to deny a private competitor's request to intervene in a licensing proceeding. While Jordan agrees with the outcome—that the NRC’s discretion in managing administrative proceedings should be respected—he contends that the court’s rationale risks expanding agency discretion at the expense of public participation and transparency. The article explores the statutory and administrative law frameworks governing intervention rights, analyzing how the court’s interpretation diverges from sound procedural principles. Jordan argues for a more nuanced …

Ossification Revisited: Does Arbitrary And Capricious Review Significantly Interfere With Agency Ability To Achieve Regulatory Goals Through Informal Rulemaking?, William S. Jordan Iii

Akron Law Faculty Publications

This article revisits the longstanding debate over the "ossification" of informal rulemaking, the theory that judicial review—especially under the "arbitrary and capricious" standard—has made rulemaking so procedurally burdensome that it impedes agencies from efficiently achieving their regulatory objectives. William S. Jordan III critically evaluates both empirical data and doctrinal developments to assess whether such review genuinely causes delay or obstruction in agency rulemaking. He finds that while courts do impose significant analytical and procedural expectations, the impact may be less severe than ossification critics claim. Jordan argues that judicial scrutiny can enhance the quality of rulemaking by ensuring reasoned decision-making …

Report From The Court: State Bans Employees From Indecent Internet Activity: U.S. Fourth Circuit En Banc Hearing Of Urofsky V. Gilmore, Julie A. Roscoe

Richmond Journal of Law & Technology

On October 25, 1999 the constitutional debate over a Virginia statute limiting state employees from performing uncensored computer-assisted research resumed before the United States Fourth Circuit Court of Appeals. The case in debate is Urofsky v. Gilmore. The statute affects all Virginia state employees, who amount to over 100,000 people.

Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock

Richmond Journal of Law & Technology

The United States Court of Appeals for the Fourth Circuit appears to have adopted the rule that any speech uttered by a governmental employee, in the course of performing the work for which the employee was hired, is per se not a "matter of public concern." A majority of the court relies on its holdings in DiMeglio v. Haines and Boring v. Buncombe Co. Bd. of Educ. for that proposition. That fact was evident in questioning from the en banc panel of the Fourth Circuit during its rehearing of Urofsky v. Gilmore on October 25, 1999. At issue was the …

Aclu V. Reno: Congress Places Speed Bumps On The Information Superhighway, Dharmesh S. Vashee

Richmond Journal of Law & Technology

In 1996, Congress passed the Communications Decency Act ("CDA") in an effort to regulate indecent speech on the Internet. Through the CDA, Congress sought to protect children from easily accessible, harmful materials on the Internet. In spirit, the law had noble intentions; however, on its face, the CDA raised serious constitutional questions and was immediately challenged by First Amendment advocates in ACLU v. Reno ("Reno I"). Using broad and vague terms such as "indecent" and "patently offensive," the CDA threatened to restrict adult access to a tremendous amount of speech that was constitutionally protected. Additionally, through the imposition of criminal …

Letter From The Editor, Lisa Taylor Hudson

Richmond Journal of Law & Technology

Welcome to the fourth issue of The Richmond Journal of Law & Technology. By now, we have all emerged from the "Y2K Crisis" unscathed. In fact, for many, the advent of the new year and new millennium was utterly uneventful technologically. However, this new year is not without its own fanfare for The Journal, for 2000 marks the first time this law review has published a fourth issue in a single academic term. Furthermore, we are even entrenched in the publication process for a fifth issue already. We continue to work hard to produce these timely, insightful, and scholarly publications, …

Y2k …Who Cares? We Have Bigger Problems: Choice Of Law In Electronic Contracts, Aristotle G. Mirzaian

Richmond Journal of Law & Technology

Every day it becomes more certain that the Internet will take its place alongside the other great transformational technologies that first challenged, and then fundamentally changed, the way things are done in the world.

Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee

Richmond Journal of Law & Technology

Welcome to the fifth issue of The Richmond Journal of Law & Technology! This issue represents a watershed experience for JOLT, as this is the first time we have published more than three issues in a single year! The timing of this issue's publication is also significant because on April 5, 2000, we will celebrate the fifth birthday of our journal. As the oldest exclusively online law review in the U.S., we continue to enjoy our leadership role in the publication of academic pieces dedicated to the marriage of law and technology.