Law Commons^™

Branding The Small Wonder: Delaware's Dominance And The Market For Corporate Law, Omari Scott Simmons

University of Richmond Law Review

No abstract provided.

Whistling While You Work: Expanding Whistleblower Laws To Include Non-Workplace-Related Retaliation After Burlington Northern V. White, Robert Johnson

University of Richmond Law Review

This comment will not attempt to harmonize the different standards or predict a future course of interpretation. Instead, it will address the existing disparity as an opportunity to amend whistleblower laws to provide meaningful protection against alltypes of retaliation, not just those that affect the whistleblower's terms or conditions ofemployment. With this broad goal as a basis, this comment will specifically advocate amending all federal whistleblower statutes' retaliation provisions to conform to Title VII's retaliation provision. This would eliminate the requirement that the retaliation affect the terms or conditions of employment and incorporate the public policy rationale outlined in Burlington …

Sport And Politics, Christine Bell

Human Rights & Human Welfare

I found the reflection interesting, but unsurprising. Protestors use the Olympic spotlight (or should we say torch?) to shine on China’s flaws, and China tries to re-direct or extinguish its beams.

Transitioning The Family Business, Dwight Drake

Washington Law Review

By any measure, family-dominated businesses are the backbone of the American economy. Although a large majority of family businesses are managed by senior family members who are older than age 55 and more than 80 percent of such senior family members claim that they want the business to remain in the family, less than 30 percent of such businesses have tackled the challenge of developing a plan for transitioning the business to the next generation. For over 90 percent of such families, this planning challenge is aggravated by the fact that they have no diversified wealth: the family’s wealth is …

Bypassing Redundancy: Resolving The Jurisdictional Dilemma Under The Defense Base Act, Claire Been

Washington Law Review

In 1941, Congress passed the Defense Base Act (DBA) to provide workers’ compensation coverage to civilian workers employed overseas under U.S. government contracts or on U.S. military bases. Congress modeled the DBA after the Longshore and Harbor Workers’ Compensation Act (Longshore Act), modifying certain provisions to provide for accidents that occur overseas. In 1972, Congress amended the procedures governing review of claims under the Longshore Act. The amendments required workers to appeal claim-related decisions to a new administrative board and then to a U.S. court of appeals. Before the amendments, a worker’s first appeal under the Longshore Act was to …

Got Water? Limiting Washington's Stockwatering Exemption To Five Thousand Gallons Per Day, Kara Dunn

Washington Law Review

In Washington, a comprehensive groundwater code governs groundwater withdrawals and use. This regulatory scheme protects water users, minimizes disputes over water rights, and maximizes the beneficial use of public water resources. Despite these protections, groundwater resources are declining in many parts of the state. Washington exempts certain types of small withdrawals from the groundwater code’s regulations, including water for livestock. Conflicting interpretations of this stock-watering exemption have created uncertainty over whether exempt stock-watering withdrawals are unlimited, or are limited to 5000 gallons per day. This Comment analyzes the conflicting interpretations of the groundwater exemption statute under Washington’s rules of statutory …

Table Of Contents - Issue 4, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Hiding Behind Precedent: Why Panetti V. Quarterman Will Create Confusion For Incompetence Death Row Inmates, Lauren E. Perry

North Carolina Law Review

No abstract provided.

In Memoriaum: Val Nolan Jr., Jd'49

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

Vol. 6, No. 02 (May/June 2008)

Indiana Law Update

No abstract provided.

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

Mere Thieves, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Swiss Cheese That's All Hole: How Using Reading Material To Prove Criminal Intent Threatens The Propensity Rule, Jessica Murphy

Washington Law Review

In United States v. Curtin, the Ninth Circuit, sitting en banc, held that Federal Rule of Evidence 404(b) permits a defendant’s reading material to be introduced as evidence of his intent to commit a crime. The decision expressly overruled Guam v. Shymanovitz, an earlier Ninth Circuit opinion that called the admissibility of reading material into question. This Note argues that the Curtin decision failed to appreciate the extent to which reading material may reveal only a defendant’s propensity to commit a charged crime, rather than his or her intent to do so. To reduce the possibility that impermissible …

Property Rules, Liability Rules, And Uncertainty About Property Rights, Stewart E. Sterk

Articles

Clarity can be a considerable virtue in property rights. But even when property rights are defined clearly in the abstract, ascertaining the scope of those rights in concrete situations often entails significant cost. In some instances, the cost of acquiring information about the scope of property rights will exceed the social value of that information. In those circumstances, further search for information about the scope of rights is inefficient; the social harm avoided by further search does not justify the costs of the search. Potential resource users, however; make decisions based on private costs and benefits, not social costs and …

Cafa's Impact On Litigation As A Public Good, Elizabeth Chamblee Burch

Cardozo Law Review

No abstract provided.

Salt Equalizer, Vol. 2008, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Deborah Waire Post and Margaret Martin Barry, Co-Presidents’ Column, at 1.

Hazel Weiser, Executive Director’s Column, at 1.

Holly Maguigan, SALT Launches Dorsen Fellowship Fund and Announces First Fellow, at 5.

Society of American Law Teachers Annual Dinner, January 5, 2008: Remarks of Norman Dorsen, at 6.

Eileen Kaufman, SALT’s 2008 Annual Dinner: A Joyous and Magical Reunion, at 7.

Ruben Garcia & Jane Dolkart, SALT’s Next Annual Dinner: January 9, 2009, in San Diego, at 9.

Camille Nelson & Nancy Cook, 2008 Cover Workshop: Humanizing the Consequences of Recent …

Transcript—Morning Session, William D. Underwood, Judith Wenger, William M. Sullivan

Mercer Law Review

Introduction 821

Reflections on Legal Education ..... William D. Underwood 824

Perspectives on Innovation, Possibilities for Change ..... Judith Wegner 829

Legal Education: The Academy, the Practice, and the Public ..... William M. Sullivan 841

Morning Question & Answer Period 849

New Car Emissions Feared To Increase Global Temperatures, State Standing: Massachusetts V. Epa, Nick Bisher

Mercer Law Review

As debate over global warming continues to intensify, the United States Supreme Court has taken steps to begin addressing the many interests asserted by private and public parties. In Massachusetts v. EPA, the Court issued a landmark opinion that gives states the power to assert their rights under the Clean Air Act in federal court. The Court also ruled that the Environmental Protection Agency ("EPA") acted arbitrarily and capriciously in denying a petition to promulgate a rule establishing limits on new motor vehicle emissions of carbon dioxide and other greenhouse gases ("GHGs") under the Clean Air Act. This decision …

Signed, Your Coach: Restricting Speech In Athletic Recruiting In Tennessee Secondary School Athletic Ass'n V. Brentwood Academy, Brian Craddock

Mercer Law Review

In Tennessee Secondary School Athletic Ass'n v. Brentwood Academy ("Brentwood I/,), the United States Supreme Court unanimously held that an athletic association may enforce its anti-undue-influence recruiting policy, restricting the speech of its voluntary member schools, to avoid undue influence on young student athletes during the recruitment process. In reaching its holding, the Court extended two lines of First Amendment jurisprudence. First, the Court extended the application of Ohralik v. Ohio State Bar Ass'n to a context other than attorney-client solicitation for the first time. In doing so, the Court held that the possibility of undue influence in athletic recruiting …

Who's On First?: Why Philip Morris Usa V. Williams Left Juries Confused About Whose Injuries Can Be Considered When Determining Punitive Damages, Steven Moulds

Mercer Law Review

For the third time in eleven years, the United States Supreme Court imposed constitutional limits on punitive damage awards. In Philip Morris USA v. Williams, the Court, in a 5-4 decision, held that punitive damages cannot be used to punish a defendant for injuries that the defendant infficted upon nonparties to the case. However, the Court also held that injuries to nonparties can be considered when determining the reprehensibility of the defendant's conduct under the "Gore guideposts." Nevertheless, this decision is important for trial lawyers for what the Court did not hold. Once again, the Court passed on the …

International And Ec Tax Aspects Of Groups Of Companies (Canada), Kim Brooks

Articles, Book Chapters, & Popular Press

This short, largely descriptive piece reviews some of the history and reasons as to why the consolidation of corporate groups has not been adopted in the Canadian income tax legislation. Canada is unique becuase it is one of a very limited number of high-income countries with no formal consolidate regime. After a brief review of the history of consolidated reporting in Canada, the piece describes some of the instances where a mutuality of interest between corporations is recognized, the objectives of recognizing a group of corporations in these instances, and the measures of relatedness used to group corporations. Measures that …

Dear President Bush: Leaving A Legacy On The Federal Bench, Carl Tobias

University of Richmond Law Review

No abstract provided.

Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles

University of Richmond Law Review

No abstract provided.

Case Index

University of Richmond Law Review

No abstract provided.

Excluding Religion, Nelson Tebbe

Cornell Law Faculty Publications

This Article considers whether government may single out religious actors and entities for exclusion from its support programs. The problem of selective exclusion has recently sparked interest in lower courts and in informal discussions among scholars, but the literature has not kept pace. Excluding Religion argues that government generally ought to be able to select religious actors and entities for omission from support without offending the Constitution. At the same time, the Article carefully circumscribes that power by delineating several limits. It concludes by drawing out some implications for the question of whether and how a constitutional democracy ought to …

A Study In Rule-Specific Issue Categorization For E-Rulemaking, Claire Cardie, Cynthia R. Farina, Adil Aijaz, Matt Rawding, Stephen Purpura

Cornell Law Faculty Publications

We address the e-rulemaking problem of categorizing public comments according to the issues that they address. In contrast to previous text categorization research in e-rulemaking, and in an attempt to more closely duplicate the comment analysis process in federal agencies, we employ a set of rule-specific categories, each of which corresponds to a significant issue raised in the comments. We describe the creation of a corpus to support this text categorization task and report interannotator agreement results for a group of six annotators. We outline those features of the task and of the e-rulemaking context that engender both a non-traditional …

Speech Shouldn't Be "Free" At Funerals: An Analysis Of The Respect For America's Fallen Heroes Act, Zachary P. Augustine

Northern Illinois University Law Review

This comment analyzes the facial constitutionality of the protest limitation provisions of the Respect for America's Fallen Heroes Act under the First Amendment's free speech clause and concludes that they are constitutional time, place, and manner restrictions. The Act is facially content-neutral because it does not define the impermissible speech by reference to its content. Further, the Act was enacted for the content-neutral purpose of furthering the government's significant interest of protecting grieving families during funeral services. The restrictions are narrowly tailored because they only restrict speech that actually interferes with, or imminently will interfere with, the funeral service and …

Title Ii Of The Americans With Disabilities Act Of 1990 And Its Prohibition Of Employment Discrimination, Jamie L. Ireland, Richard A. Bales

Northern Illinois University Law Review

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination. Title II of the ADA prohibits discrimination in the provision of programs, services, or activities by federal, state, and local government entities. Title I, however, contains significant coverage gaps: federal employees, and employees of employers with less than fifteen employees, are not covered. When these employees are discriminated against on the basis of disability, they often sue under Title II, which does not contain the Title I exclusions. The federal circuit courts are split on the issue of whether the ADA Title II applies to employment discrimination claims. …

Wi-Fi Signals Capable Of Conversion: The Case For Comprehensive Conversion In Illinois, Laura D. Mruk

Northern Illinois University Law Review

This comment asserts that unauthorized use of another's wireless internet signal is tantamount to conversion and therefore should enjoy the same remedies as any action for conversion. Through first explaining the technology behind wireless internet signals, this comment argues despite the intangibility of wireless internet signals, the unauthorized use of them should be recognized by courts as conversion. By comparing Illinois law to various other states' law, this comment specifically addresses the hurdles presented in Illinois for an action of conversion of wireless internet signals. The author argues that through various theories, including the bundle of rights in property law, …

Preventing And Reducing Costs And Burdens Associated With E-Discovery: The 2006 Amendments To The Federal Rules Of Civil Procedure, Jessica Debono

Mercer Law Review

On December 1, 2006, amendments to the Federal Rules of Civil Procedure (the "Rules") regarding the discovery of electronically stored information went into effect. This form of discovery is referred to as ediscovery. The 2006 amendments have significant effect on the obligations and responsibilities of parties, their lawyers, and the courts when dealing with discovery of electronically stored information. Specifically, the 2006 amendments affect how companies maintain, preserve, and produce electronically stored information. First, electronically stored information is now included in permissible discovery. Second, parties are required to "meet and confer" about the discovery of electronically stored information at the …