Law Commons^™

Clients As Teachers, Barbara Glesner Fines

Faculty Works

No abstract provided.

Washington's Municipal Water Rights Bill Of 2003: Providing "Certainty And Flexibility" Or Violating The Separation Of Powers Doctrine?, Jason T. Morgan

Washington Law Review

The separation of powers doctrine limits the ability of the legislature to retroactively overrule judicial constructions of existing statutes. It is the province of the judiciary to interpret the law. Once a court interprets a statute, the legislature can only amend that statute prospectively. In the 1998 case of Theodoratus v. State Department of Ecology, the Supreme Court of Washington interpreted the Water Code to require that the proper measure of a water right is the amount of water actually beneficially used, and not the capacity of a water delivery system. In 2003, the Washington Legislature responded to the …

Handling The Failure Of A Government-Sponsored Enterprise, Richard Scott Carnell

Washington Law Review

Fannie Mae and Freddie Mac are huge, fast-growing, highly leveraged, lightly regulated, and susceptible to failure. Prudence calls for having a legal mechanism adequate for handling their failure. Yet no adequate insolvency mechanism currently exists for them. Unlike ordinary business firms, these government-sponsored enterprises (GSEs) cannot liquidate or reorganize under the Bankruptcy Code. If Fannie Mae or Freddie Mac became sufficiently troubled, its regulator could appoint a conservator to take control of the firm and attempt to restore its financial health. But by then the firm's problems could well have become too severe for the conservator to resolve. The conservatorship …

Georgia's New Battleground: Five Georgia Law Professors Examine The State's New Tort Legislation, Lonnie T. Brown, Jr., Ronald L. Carlson, Thomas A. Eaton, C. Ronald Ellington, Michael L. Wells

Popular Media

In February, after several years of debate, the Georgia General Assembly enacted a comprehensive set of tort reform provisions. This fairly complex body of legislation contains 16 separate sections dealing with procedure, evidence and substantive tort issues. Shortly after it was signed into law, five Georgia Law professors sat down with alumni and students to describe parts of the new legislation, to identify some issues that are likely to arise as the new laws go into effect and to speculate about what they think the likely impact will be on litigation.

Are They Swaying Judges? Oh, Please. Free's Environmental Seminars Offer Intellectual Value, Not Indoctrination, J.B. Ruhl, Peter A. Appel

Popular Media

While it is beyond our expertise to opine on what is or is not within the bounds of judicial ethics, we can attest to what transpires at FREE [Foundation for Research on Economics and the Environment] seminars. The Community Rights Counsel's description of them is, simply said, devoid of any connection to reality. The fuss the CRC has raise is, we suspect, more about its disagreement with FREE's philosophy than any genuine concern that federal judges are being brainwashed into making anti-environmental decisions.

Motions 2006 Volume 41 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Table Of Contents - Vol. 30, No. 1 2005

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Have You No Sense Of Decency? An Examination Of The Effect Of Traditional Values And Family-Oriented Organizations On Twenty-First Century Broadcast Indecency Standards, Michael J. Cohen

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Vol. 3, No. 07 (August 2005)

Indiana Law Update

No abstract provided.

Jurisdiction And Merits, Howard M. Wasserman

Washington Law Review

Federal courts frequently err by treating factual elements of substantive federal causes of action as going to the jurisdiction of the federal court. This arises most frequently as to elements in three federal causes of action: the quantum-of-employees element in employment discrimination claims, the "affecting commerce" element under the Sherman Act, and the state action requirement in constitutional actions. Courts treat the failure of one of these elements as a basis for dismissing an action for lack of subject-matter jurisdiction, rather than for failure to state a claim on the merits. The error in this characterization affects the time and …

An Iq Test For Federal Agencies? Judicial Review Of The Information Quality Act Under The Apa, Margaret Pak

Washington Law Review

The Information Quality Act (IQA) directs the Office of Management and Budget (OMB) to issue guidelines to federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information disseminated by the agencies. The IQA directs agencies to develop administrative mechanisms whereby a person affected by agency-disseminated information may request correction of information that the person believes does not comply with the OMB's guidelines. The IQA is silent on whether judicial review is available to challenge an agency's decision to deny a "request for correction" (RFC). Regulated parties, legislators, scholars, and other groups have framed judicial review of …

Lingering Questions Regarding The Devise Of Black's Acre: How Many Witnesses Are Required To Prove The Execution Of A Lost Will?, Sarah Shirey

Washington Law Review

Prior to the 1994 revisions to Washington's lost will statute, courts required that execution of a lost will be proved by a preponderance of the evidence. In In re Estate of Black, the Washington State Supreme Court announced that under the revised lost will statute, execution of a lost will must be shown by clear, cogent, and convincing evidence. However, the Black court did not clearly define the quantum of proof necessary to meet this new burden. The dissent in Black read the majority opinion as creating a "two witness requirement," necessitating testimony from both attesting witnesses to meet …

The Not-So-Secret Ballot: How Washington Fails To Provide A Secret Vote For Impaired Voters As Required By The Washington State Constitution, Eric Van Hagen

Washington Law Review

Secrecy in voting ensures that elections represent the true will of the people by permitting a voter to freely express his or her convictions without fear of even the most subtle form of influence, ridicule, intimidation, corruption, or coercion. Article VI, section 6 of the Washington State Constitution protects this secrecy by requiring the legislature to provide every voter with a method of voting that will secure absolute secrecy in preparing and casting his or her ballot. To that end, Washington election law requires that new technology be implemented by January 1, 2006 to provide visually impaired voters with a …

Research To Practice: Employment Services And Outcomes Of People Receiving Welfare Benefits And Vocational Rehabilitation Services, Susan Foley, Jonathan Woodring

Research to Practice Series, Institute for Community Inclusion

Poverty programs have undergone substantial reform in the past decade, and there has been a heightened interest in exploring the experiences of people with disabilities who receive welfare benefits. This report profiles people with disabilities who had TANF, GA, or both at application to VR services and completed these services in the year 2003.

The Suitability Of Cercla Liability For Municipal Pollution Of Rivers, Amy Luria

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

What's In It For Me? School Partnerships In Texas: Are We Bribing Our Kids To Perform?, Faith Jackson

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

When Should The Victor Receive The Spoils?: Determining The Proper Threshold For Attorney Fee Awards And The Prevailing Plaintiff Standard Under The New Jersey Civil Rights Act's Fee-Shifting Provision, Jason R. Martucci

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Seton Hall Legislative Bureau - Vol. 30, No. 1 2005

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Statute Index

Louisiana Law Review

No abstract provided.

Author Index

Louisiana Law Review

No abstract provided.

General Index

Louisiana Law Review

No abstract provided.

Giving Children A Right To Be Heard: Suggested Reforms To Provide Louisiana Children A Voice In Child Custody Disputes, Rebecca Hinton

Louisiana Law Review

No abstract provided.

The Forum, Volume 5, Issue 1 (August 2005), University Of South Carolina School Of Law Students

The Forum Student Newspaper

The South's Sweatiest Profession, By: Tyler Schachte

Enough is Enough (or is it?), By: Meg Donahue

THE JUDGMENT-PROOF LAWYER, No. 1: "Common" courtesy, By: Drew Radeker

Machu Picchu, By: T.J. O'Sullivan

NEWS NUGS: The "While You Were Out" Summer Recap, By: Bill Young

Moot Court Executive Board And Teams 2005-2006, Kellie Casey Monk

Materials from All Student Organizations

No abstract provided.

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Court Grants No Leniency For Maritime Lien Claim,, Jonathan Lew

Sea Grant Law Fellow Publications

No abstract provided.

Equity Measures And Systems Reform As Tools For Reducing Racial And Ethnic Disparities In Health Care, Sidney D. Watson

All Faculty Scholarship

Many health care quality regulators, including officials of the Centers for Medicare and Medicaid Services and other agencies, have embraced systems reform—largely through mandates that require health care providers to implement Quality Assessment and Performance Improvement (QAPI) initiatives. Currently, however, no QAPI requirements stipulate that individual plans or providers measure racial and ethnic disparities. Performance measurements that do not track data by race and ethnicity, the author says, not only miss inequities but are likely to overlook promising techniques for reaching patients of particular racial and ethnic backgrounds. Incorporating equity measures into existing QAPI requirements, the report finds, would not …

Privileging The Privileged? Child Well-Being As A Justification For State Support Of Marriage, Laura S. Adams

San Diego Law Review

State support of marriage should rest on more than the transformative power of marriage. This article responds to Professor Wilson by questioning whether marriage best promotes child well-being and whether child well-being alone is a sufficient justification to rest state support of marriage. Children of marital households are usually whiter, wealthier, and better educated. Thus, state support of marriage maximizes the welfare of already privileged children at the detriment of less privileged children. Without state support of marriage, social welfare policy can be redirected toward the direct support of children. While Wilson advocates the connection between supporting marriage and supporting …

Does Marriage Make People Good Or Do Good People Marry?, Kimberly A. Yuracko

San Diego Law Review

Social norms, not marriage, are transformative. This article considers whether marital norms like stability, commitment, and sexual fidelity are responsible for positive parenting effects and child well-being, or whether the institution of marriage is responsible. Marriage does not transform people into good spouses and good parents. Instead, people must be transformed before entering the institution of marriage. While Wilson believes that state supported marriage can spread social norms and values that benefit children, this author concludes that state supported marriage should not benefit the most advantaged, but should reinforce social norms and values and provide state benefits to all parents, …

Why The Federal Marriage Amendment Is Necessary, Christopher Wolfe

San Diego Law Review

The Federal Marriage Amendment seeks to confine marriage to one man and one woman. This article supports the Federal Marriage Amendment because the Amendment reinforces the original design of the Constitution in the face of unchecked judicial review power and the expansion of sexual autonomy. The Federal Marriage Amendment reinforces the idea that the people of the states, not the judiciary, resolve social policy. Also, the Amendment supports a presumption in favor of state legislation on marriage. Although conservatives, such as Yoo and Vulchev, state that the Federal Marriage Amendment opposes federalism, this author contends that the Amendment would preserve …