Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (15)
- State and Local Government Law (8)
- Oil, Gas, and Mineral Law (4)
- Criminal Law (3)
- Criminal Procedure (3)
-
- Human Rights Law (3)
- International Law (3)
- Law and Society (3)
- Social Welfare Law (3)
- Civil Rights and Discrimination (2)
- Comparative and Foreign Law (2)
- Constitutional Law (2)
- Environmental Law (2)
- Labor and Employment Law (2)
- Law and Politics (2)
- Legal Ethics and Professional Responsibility (2)
- Water Law (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Climate (1)
- Dispute Resolution and Arbitration (1)
- Education Law (1)
- Environmental Policy (1)
- Environmental Sciences (1)
- European Law (1)
- Evidence (1)
- Fourth Amendment (1)
- Immigration Law (1)
- Jurisdiction (1)
- Institution
-
- University of Richmond (6)
- BLR (5)
- Schulich School of Law, Dalhousie University (5)
- American University Washington College of Law (4)
- Fordham Law School (3)
-
- Saint Louis University School of Law (2)
- Selected Works (2)
- University of Colorado Law School (2)
- Duke Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Miami Law School (1)
- University of Michigan Law School (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of San Diego (1)
- University of South Carolina (1)
- Publication
-
- University of Richmond Law Review (6)
- Dalhousie Law Journal (5)
- ExpressO (5)
- Human Rights Brief (4)
- Fordham Law Review (2)
-
- Scholarly Works (2)
- Books, Reports, and Studies (1)
- Congressional Materials (1)
- Elizabeth A. Clark (1)
- Faculty Scholarship (1)
- Journal of Dispute Resolution (1)
- Law & Economics Working Papers Archive: 2003-2009 (1)
- Saint Louis University Law Journal (1)
- Saint Louis University Public Law Review (1)
- San Diego International Law Journal (1)
- South Carolina Law Review (1)
- Stephen D Sugarman (1)
- University of Miami International and Comparative Law Review (1)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (1)
- Publication Type
Articles 1 - 30 of 37
Full-Text Articles in Law
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
ExpressO
Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.
Administrative Law, James R. Kibler Jr.
Administrative Law, James R. Kibler Jr.
University of Richmond Law Review
No abstract provided.
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
Criminal Law, Marla Graff Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore
Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore
University of Richmond Law Review
No abstract provided.
Legal Issues Involving Children, Robert E. Shepherd Jr.
Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Real Estate Law, Brian R. Marron, Christopher M. Gill
Real Estate Law, Brian R. Marron, Christopher M. Gill
University of Richmond Law Review
No abstract provided.
Taxation, Craig D. Bell
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders
ExpressO
Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …
Damage Limitations In Medical Malpractice Actions: Necessary Legislation Or Unconstitutional Deprivation, William R. Padget
Damage Limitations In Medical Malpractice Actions: Necessary Legislation Or Unconstitutional Deprivation, William R. Padget
South Carolina Law Review
No abstract provided.
Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse
Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse
University of Miami International and Comparative Law Review
No abstract provided.
Offshore Employment And Occupational Health And Safety Issues, John Macpherson
Offshore Employment And Occupational Health And Safety Issues, John Macpherson
Dalhousie Law Journal
In Canada responsibility for regulating labour relations, employment and occupational health and safety matters is shared between the federal and provincial governments. In this paper the author describes the complexities of the legislative regime governing the Nova Scotia offshore. Specifically, he looks at section 157 of the Nova Scotia Accord Act (Canada), certification of workers offshore, and occupational health and safety legislation.
Union Certification On Offshore Production Installations, Gregory Anthony
Union Certification On Offshore Production Installations, Gregory Anthony
Dalhousie Law Journal
The author describes the jurisdictional and legislative regimes governing labour relations in the Newfoundland and Labrador offshore. After providing an overview of the provincial certification process, he recounts the process of certification of the Hibernia platform and reviews some of the legal issues raised therefrom.
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Dalhousie Law Journal
This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions
Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess
Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess
Dalhousie Law Journal
Effective and efficient regulation of the oil and gas industry on the East Coast of Canada is a top priority of the federal and provincial governments. Ever since oil and gas exploration and development began in this region, stakeholders and others have urged regulators to address and remedy this issue. This paper reviews how governments have responded first in the onshore context, and then in the offshore. Issues that regulators need to address are identified and legislative, regulatory, and administrative changes which have been made and are proposed are reviewed. Finally, the author reflects on possible future developments and the …
The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt
The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt
ExpressO
No abstract provided.
Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright
Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright
ExpressO
The quality of criminal defense counsel desperately needs improving. The strategy this article explores is not a change in the legal standard governing ineffective assistance of counsel claims, or a change in the Supreme Court's reasoning, but something far more fundamental: money. I ask whether it is feasible to link the funding available for defense lawyers to the money that the government spends on prosecution lawyers - in other words, parity of resources.
For reasons described in this article, resource parity will probably not come from the courts, at least not if they act alone. Major funding changes like this …
In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith
ExpressO
No abstract provided.
State Legislative Update, Mark G. Boyko
State Legislative Update, Mark G. Boyko
Journal of Dispute Resolution
This bill would have prevented employers from requiring employees to arbitrate disputes arising under the Fair Employment and Housing Act (FEHA). In doing so, it would have changed the established law in California that written agreements to arbitrate disputes are valid and enforceable. Specifically, this bill would have invalidated arbitration agreements between employers and employees if the employer required the employee to sign the agreement as a condition of employment. A.B. 1715 would have applied to employers with five or more employees.
Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger
Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Jeffrey Kightlinger, General Counsel, Metropolitan Water District of Southern California (MWD)
21 slides
"Lifestyle" Discrimination In Employment, Stephen D. Sugarman
"Lifestyle" Discrimination In Employment, Stephen D. Sugarman
Stephen D Sugarman
This article examines instances in which employers fire or refuse to hire workers because of their conduct off of the job (their lifestyle). It explores employer reasons for such practices and considers employee objections on the basis of their privacy rights. Then it considers a range of legal protection that is or might be given to protect employees from such discrimination.
Against Preemption: How Federalism Can Improve The National Legislative Process, Roderick Hills
Against Preemption: How Federalism Can Improve The National Legislative Process, Roderick Hills
Law & Economics Working Papers Archive: 2003-2009
How easily should courts infer that federal statutes preempt state law? An ongoing debate exists on the question in Congress and among scholars and judges. One side calls for judges to protect federalism by adopting a rule of statutory construction that would bar preemption absent a clear statement of preemptive intent. Opponents argue against such a "clear statement" rule by arguing that state control over preemptable topics is often presumptively inefficient, because common-law juries lack expertise and because states are prone to imposing external costs on their neighbors. This article sidesteps these debates over preemption and instead argues that, quite …
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
San Diego International Law Journal
In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …
Ending Parents’ Unlimited Power To Choose: Legislation Is Necessary To Prohibit Parents’ Selection Of Their Children’S Sex And Characteristics, Kelly M. Plummer
Ending Parents’ Unlimited Power To Choose: Legislation Is Necessary To Prohibit Parents’ Selection Of Their Children’S Sex And Characteristics, Kelly M. Plummer
Saint Louis University Law Journal
No abstract provided.
Liability For Damage To The Marine Environment From Ships, Michael White
Liability For Damage To The Marine Environment From Ships, Michael White
Dalhousie Law Journal
Marine pollution damage from ships is not a major problem in Australian jurisdictions, but there are regular incidents. The Australian law relating to marine pollution from ships closely follows the international conventions. Australia is a party to almost all of the relevant IMO conventions and, as is required for common law countries, the domestic legislation to give effect to them needs to be put in place. This has been done for the most part by the Commonwealth, the states and the Northern Territory as Australia is a federation. The Commonwealth and the states have established adequate enforcement resources for the …
Presidential And Vice Presidential Succession: Overview And Current Legislation, Thomas H. Neale, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress
Presidential And Vice Presidential Succession: Overview And Current Legislation, Thomas H. Neale, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress
Congressional Materials
Reviews legislative history of presidential and vice presidential succession.
Prohibiting Racial Profiling: The Aclu’S Orchestration Of The Missouri Legislation, Leland Ware
Prohibiting Racial Profiling: The Aclu’S Orchestration Of The Missouri Legislation, Leland Ware
Saint Louis University Public Law Review
No abstract provided.
Groundwater Law Sourcebook Of The Western United States, Gary C. Bryner, Elizabeth Purcell, University Of Colorado Boulder. Natural Resources Law Center
Groundwater Law Sourcebook Of The Western United States, Gary C. Bryner, Elizabeth Purcell, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
91, 153 p.
The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph
The Private Securities Law Reform Act: Is It Working?, Hon. Edward R. Becker, Hon. Milton I. Shadur, Jill E. Fisch, Gregory P. Joseph
Fordham Law Review
No abstract provided.
Legislating With Integrity, Jeremy Waldron
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
Scholarly Works
On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.
The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder," to …