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Articles 541 - 570 of 10751
Full-Text Articles in Law
The Pope's Copyright? Aligning Incentives With Reality By Using Creative Motivation To Shape Copyright Protection, Lydia Pallas Loren
The Pope's Copyright? Aligning Incentives With Reality By Using Creative Motivation To Shape Copyright Protection, Lydia Pallas Loren
Louisiana Law Review
No abstract provided.
Neither Fish Nor Fowl: The Louisiana Law Of Shut-In Gas Wells, Patrick S. Ottinger
Neither Fish Nor Fowl: The Louisiana Law Of Shut-In Gas Wells, Patrick S. Ottinger
Louisiana Law Review
No abstract provided.
The Road Forward From Grable: Separation Of Powers And The Limits Of "Arising Under" Jurisdiction, Rachel M. Janutis
The Road Forward From Grable: Separation Of Powers And The Limits Of "Arising Under" Jurisdiction, Rachel M. Janutis
Louisiana Law Review
No abstract provided.
Preserving Your Pocket Book: Narrowing The Unilateral Power Of A Co-Owner, Kristen E. Bell
Preserving Your Pocket Book: Narrowing The Unilateral Power Of A Co-Owner, Kristen E. Bell
Louisiana Law Review
No abstract provided.
Silencing Chicken Little: Options For School Districts After Parents Involved, Michelle Renee Shamblin
Silencing Chicken Little: Options For School Districts After Parents Involved, Michelle Renee Shamblin
Louisiana Law Review
No abstract provided.
Civil Law Compromise, Common Law Accord And Satisfaction: Can The Two Doctrines Coexist In Louisiana?, Sally Brown Richardson
Civil Law Compromise, Common Law Accord And Satisfaction: Can The Two Doctrines Coexist In Louisiana?, Sally Brown Richardson
Louisiana Law Review
No abstract provided.
Blanco V. Burton: Louisiana's Struggle For Cooperative Federalism In Offshore Energy Development, Patrick B. Sanders
Blanco V. Burton: Louisiana's Struggle For Cooperative Federalism In Offshore Energy Development, Patrick B. Sanders
Louisiana Law Review
No abstract provided.
The Torturing Debate On Torture, Mohammed Saif-Alden Wattad
The Torturing Debate On Torture, Mohammed Saif-Alden Wattad
Northern Illinois University Law Review
The War on Terrorism generated a correlation between terrorism and torture. This article analyzes the basic premises of the torture debate by addressing the following issues: (1) defining torture; (2) punishing torturers; (3) justifying, excusing, or pardoning torturers; and (4) conducting legal interrogation. The article criticizes existing law on the torture debate for its lack of conceptuality and coherency, thus arguing that the articulation of the existing definition of torture has been politically motivated. The article offers a conceptual understanding of the torture phenomenon as premised on five conceptual distinctions: (1) superior versus inferior, (2) active versus passive, (3) theatricality …
War & [Emotional] Peace: Death In Iraq And The Need To Constitutionalize Speech-Based Lied Claims Beyond Hustler Magazine V. Falwell, Clay Calvert
Northern Illinois University Law Review
The protracted and ongoing war in Iraq has spawned several lawsuits in the United States based upon the tort theory of intentional infliction of emotional distress. This article focuses in depth on one of those recent cases, Read v. Lifeweaver, L.L.C., filed in federal court in Tennessee in April 2008. Using Read to illustrate its points, the article argues that the same constitutional safeguards extended by the United States Supreme Court in 1988 in Hustler Magazine v. Falwell against IIED claims filed by public figures should apply in cases like Read where the plaintiffs are private individuals outraged by a …
Punitive Damages, Criminal Punishment, And Proportionality: The Importance Of Legislative Limits, Leo M. Romero
Punitive Damages, Criminal Punishment, And Proportionality: The Importance Of Legislative Limits, Leo M. Romero
Faculty Scholarship
This Article addresses the timely and controversial topic of constitutional limits on punitive damages and brings a criminal punishment theory perspective to the analysis of this issue. The question of how to determine when punishment is unconstitutionally excessive has been and continues to be a subject of intense debate in the courts and scholarly circles. The United States Supreme Court has subjected criminal sanctions, criminal forfeitures, and punitive damages to a proportionality requirement, but the Court uses different approaches to the proportionality analysis depending on the type of punishment. In the criminal context, the Court has retreated in large part …
Beyond The Ivory Tower, John G. Douglass
Beyond The Ivory Tower, John G. Douglass
University of Richmond Law Review
No abstract provided.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.
University of Richmond Law Review
No abstract provided.
Administrative Law, John Paul Jones, Molly T. Geissenhainer
Administrative Law, John Paul Jones, Molly T. Geissenhainer
University of Richmond Law Review
No abstract provided.
Medical Malpractice Law, Kathleen M. Mccauley, William F. Demarest Iii
Medical Malpractice Law, Kathleen M. Mccauley, William F. Demarest Iii
University of Richmond Law Review
No abstract provided.
Professional Responsibility, James M. Mccauley
Professional Responsibility, James M. Mccauley
University of Richmond Law Review
No abstract provided.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
University of Richmond Law Review
No abstract provided.
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
A Unified Theory Of 28 U.S.C. Section 1331 Jurisdiction, Lumen N. Mulligan
Faculty Works
Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. I seek to counter both these assumptions by re-contextualizing the Court's section 1331 jurisprudence in terms of the contemporary judicial usage of right (i.e., clear, mandatory obligations capable of judicial enforcement) and cause of action (i.e., permission to vindicate a right in court). In conducting this reinterpretation, I argue that section 1331 …
Adjusting Alienability, Lee Anne Fennell
Adjusting Alienability, Lee Anne Fennell
Public Law and Legal Theory Working Papers
No abstract provided.
Judging National Security Post-9/11: An Empirical Investigation, Cass R. Sunstein
Judging National Security Post-9/11: An Empirical Investigation, Cass R. Sunstein
Public Law and Legal Theory Working Papers
Many people believe that when national security is threatened, federal courts should defer to the government. Many other people believe that in times of crisis, citizens are vulnerable to a kind of “panic” that leads to unjustified intrusions on liberty. But to date, there is little information about what federal courts have actually done in this domain, especially in the period after the attacks of September 11, 2001. On the basis of a comprehensive study of relevant courts of appeals decisions in the aftermath of those attacks, this essay offers four findings. First, the invalidation rate is about 15 percent …
Constitutional Afterlife: The Continuing Impact Of Thailand’S Post-Political Constitution, Tom Ginsburg
Constitutional Afterlife: The Continuing Impact Of Thailand’S Post-Political Constitution, Tom Ginsburg
Public Law and Legal Theory Working Papers
Thailand’s constitution of 1997 introduced profound changes into the country’s governance, creating a “postpolitical” democratic structure in which an intricate array of guardian institutions served to limit the role of elected politicians. Ultimately, the constitutional structure was undermined in a military coup against populist billionaire Thaksin Shinawatra, who had taken over many of the institutions designed to constrain political power. Nonetheless, the 1997 constitution appears to be having a significant afterlife, in that its institutional innovations have survived the enactment of a new Constitution and continue to constrain the political process. This article describes the Thai situation and speculates on …
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
How Wide Should The Actual Innocence Gateway Be? An Attempt To Clarify The Miscarriage Of Justice Exception For Federal Habeas Corpus Proceedings, Jennifer Gwynne Case
William & Mary Law Review
No abstract provided.
Behavioral Criminal Law And Economics, Richard H. Mcadams, Thomas S. Ulen
Behavioral Criminal Law And Economics, Richard H. Mcadams, Thomas S. Ulen
Coase-Sandor Institute for Law & Economics Research Paper Series
A behavioral economics literature identifies how behaviorally-derived assumptions affect the economic analysis of criminal law and public law enforcement. We review and extend that literature. Specifically, we consider the effect of cognitive biases, prospect theory, hedonic adaptation, hyperbolic discounting, fairness preferences, and other deviations from standard economic assumptions on the optimal rules for deterring potential offenders and for regulating (or motivating) potential crime victims, legislators, police, prosecutors, judges, and juries.
Reconsidering Virginia Judicial Selection, Carl W. Tobias
Reconsidering Virginia Judicial Selection, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Construction Law, D. Stan Barnhill
Construction Law, D. Stan Barnhill
University of Richmond Law Review
No abstract provided.
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
University of Richmond Law Review
The purpose of this article is to suggest a viable, necessary, and eminently reasonable legislative alternative that the Virginia General Assembly should enact for legitimate and pressing public policy reasons in order to properly protect Virginia consumers from defective and unreasonably dangerous consumer products.Adopting this alternative would bring the Commonwealth of Virginia into the mainstream of twenty-first century American, and transnational, products liability law.
Public Utility Law, Brian R. Greene, Katharine A. Hart
Public Utility Law, Brian R. Greene, Katharine A. Hart
University of Richmond Law Review
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
Real Estate Law, Richard W. Gregory, Lindsey Dobbs Chase
University of Richmond Law Review
No abstract provided.