Law Commons^™

Female Genital Mutilation: Exploring Strategies For Ending Ritualized Torture; Shaming, Blaming, And Utilizing The Convention Against Torture, Patricia A. Broussard

Journal Publications

The intent of this article is to graphically describe female genital mutilation (FGM); discuss the background of FGM and its health, psychological, and social implications; propose some workable solutions to ending FGM; and raise the level of awareness of the pain and suffering of women around the world. In part, this article will discuss invoking the Convention against Torture against those nations unwilling to end this horrific practice. There is also a caveat to this article: the author acknowledges that discussing solutions to the practice of FGM is not a simplistic and straight-forward endeavor. Solutions to ending FGM are as …

Shattering And Moving Beyond The Gutenberg Paradigm: The Dawn Of The Electronic Will, Joseph Karl Grant

Journal Publications

Legislators in Nevada have already acted to modernize the law of wills. This Article advocates that other states follow their lead and depart from what is described as the "Gutenberg Paradigm" by adopting similar legislation and embracing electronic technology. Part One of this Article explores the history of print and the emergence of the "Gutenberg Paradigm." Part Two examines the history and policy underpinnings of will execution formalities, and the role of the "writing" requirement. Part Three explores the use of electronic wills as conforming and nonconforming testamentary instruments. Part Three, also, highlights some of the pitfalls and shortcomings of …

Boundary Waters Treaty Of 1909 As A Model For Interjurisdictional Water Governance, Robert H. Abrams

Journal Publications

In an age of increasing interjurisdictional water conflict and water management concern, the list of accomplishments of the Boundary Water Treaty of 1909 (BWT), reached in a harmonious manner, raises the possibility that, perhaps, the management mechanisms of the BWT might beneficially be used in other contexts. This Article will take up that possibility in the context of three contemporary American interstate water allocation disputes. These disputes are (1) a relatively simple cross-border complaint by a downstream state, South Carolina, that North Carolina cities are using too much water of the Catawba River; (2) the basin-wide dispute regarding water use …

The Latino Lawful Permanent Resident Removal Cases: A Case Study Of Nicaragua And A Call For Fairness And Responsibility In The Administration Of U.S. Immigration Law, Maritza I. Reyes

Journal Publications

This Note aims to contribute to current dialogue by raising issues of fairness, responsibility, and human dignity that merit special consideration in any immigration reform proposal regarding the laws that apply to lawful permanent residents who have committed crimes. Part I analyzes the underlying motivation for the enactment of the immigration laws that were passed in 1996. Part II utilizes a case analysis of issues faced by deportees from Nicaragua to illustrate how the foreign policy of the United States affects the governments, economies, and migration trends of other countries. Parts III and IV borrow from the analysis in Part …

Marybeth Peters Is Almost Right: An Alternative To Her Proposals To Reform The Compulsory License Scheme For Music, William Henslee

Journal Publications

Since Napster made mass digital downloads and online piracy available and accessible in June of 1999, the music industry has been under attack. Traditionally, record companies have received their revenue from phonorecord sales and use of the music in film, television, and advertisements. Performers have received their income from record companies based on a percentage of the sales income after the company has recouped its investment in the artist.

With the current technology and digital marketing available, all of the players in the music business believe that the revenue distribution models need to change but, to date, have been reluctant …

A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin

Journal Publications

We are in the midst of an environmental calamity that few perceive as grave. The climate is changing. Civilization is suffering. One person can do little to cope with these problems on a global scale. But farmers can do something about their farming operations to contribute less to climate change.

Today, two percent of the population feeds us. With mechanical advancements, new farm machinery, innovative practices, products, commodities, securities, and markets folk can do something to reward farmers for their efforts to slow the pace of climate change.

Naso V. Fu : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Taylor-West Weber Water Improvement District V. Jerry Olds, State Engineer Of The State Of Utah; Weber Basin Water Conservancy Distrit; And United States Of America Bureau Of Reclamation V. Roy City : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the second Judicial District Court, Weber County, State of Utah The Honorable Pamela G. Heffernan

Olp, L.L.C., A Limited Liability Company, And Richard Wilson, An Individual V. Wayne Burningham, An Individual, And Optical Lens Products Management, Inc., Dba Intermountain Antireflective Coatings, A Utah Corporation : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PETITIONERS' OPENING BRIEF On Certiorari Review to the Court of Appeals, Case No. 20060178-CA District Court Case No. 010906652, Honorable Robert K. Hilder

State Of Utah V. Brian Dale Larsen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order of restitution following convictions for one count of joyriding with intent to temporarily deprive the owner thereof, a class xA. misdemeanor, in violation of Utah Code Ann. § 41- la-1314 (West Supp. 2008), and one count of unlawful possession of burglary tools, a class B misdemeanor, in violation of Utah Code Ann. § 76-6-205 (West 2004), in the Third Judicial District Court of Utah, Salt Lake County, the Honorable William W. Barrett presiding.

Flora Sue Macintosh V. Staker Paving And Construction Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appellee's Brief

Ron Benson V. Peace Officer Standards And Training Council, Department Of Public Safety, State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE PEACE OFHCER STANDARDS AND TRAINING COUNCIL

Ron Benson V. Peace Officer Standards And Training Council, Department Of Public Safety, State Of Utah: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL

Harvey V. Cedar Hills : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Class Of 2011, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2011 at the T. C. Williams School of Law.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Sean Stentiford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Guided Discretion In Massachusetts Evidence Law: Standards For The Admissibility Of Prior Bad Acts Against The Defendant, Peter W. Agnes Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

To Plead Or Not To Plead: Assessing The Effect Of A Partial Motion To Dismiss On The Duty To Answer, Michael D. Moberly, Andrea G. Lisenbee

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Evolving Regulation Of The Legal Profession: The Costs Of Indeterminacy And Certainty, Irma S. Russell

Faculty Works

This Article examines the incentive systems of the common law and modern rules of lawyer discipline, which combine to form a dual system of lawyer regulation in this country. The Article considers discontinuities between this dual system of regulation created by the common law, which influenced the 1908 Canons of Professional Ethics, and the current disciplinary rules, presented by the Model Rules of Professional Conduct. While the Model Rules form the basis of lawyer discipline in most states, the approach presented in the Canons continues to have force because the common law applies to lawyers through contract and tort law. …

Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines

Faculty Works

When children are the subject of dependency, adoption or guardianship proceedings, protecting those children requires attention to a variety of interests. Children need a voice: an advisor and an advocate whose judgment is unclouded by conflicting interests. Courts need information that the adult parties to the proceedings may not easily discover or willingly provide. The families and social services agencies need monitors and mediators. The attorney guardian ad litem (GAL) is, in many situations, called upon to meet all these needs. During the past decade, major academic conferences and professional organizations have devoted thousands of hours to developing standards of …

Fundamental Principles And Challenges Of Humanizing Legal Education, Barbara Glesner Fines

Faculty Works

No abstract provided.

Supreme Court Report 2007-2008, Julie M. Cheslik, Aimee L. Morrison, Tyler J. Scott

Faculty Works

This article reviews the decisions of the U.S. Supreme Court for the 2007-2008 Term that are of particular relevance to state and local governments including those involving voting and elections, speech, class-of-one equal protection claims, immunity, taxation, preemption, and the Fourth and Sixth Amendments.

Against the backdrop of the 2008 presidential election between Democrat Barack Obama and Republican John McCain, and an economy plagued by recession and federal bailouts of the finance and mortgage industries, the Court continued in a largely conservative vein, reflecting the policies and predilections of the majority of justices. The Court reasserted its distaste for unfettered …

Megacases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit

Faculty Works

Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.

Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …

Recent Developments Affecting The Enforcement, Procurement, And Licensing Of Research Tool Patents, Joshua D. Sarnoff, Christopher M. Holman

Faculty Works

A vigorous discussion exists regarding the need to provide exclusive patent rights as incentives to invent and to disclose so-called "research tools," whether such exclusive rights should apply to all uses and users of patented research tools, and whether exclusive rights to prohibit all uses of research tools would unduly discourage sequential invention. This article summarizes recent developments under U.S. patent laws of particular relevance to the debate over the patenting of research tools, and provides some insights into the practices of various academic sciences, industries, and government agencies regarding the treatment of these important inventions. The article provides a …

Incrementalism, Comprehensive Rationality, And The Future Of Gun Control, Allen K. Rostron

Faculty Works

This article examines the issue of gun control through the lens of the 'comprehensive rationality' and 'incrementalism' models of policymaking and argues that incremental policymaking has been one of the major impediments to progress toward more effective regulation of guns. Gun laws are often an incoherent patch-work of provisions as new restrictions are piled atop old ones in response to particular tragedies or narrow concerns, instead of crafting bills to achieve an optimal approach to the entire problem. Political science and other social sciences literature has closely examined the 'incrementalism' and 'comprehensive rationality' models of policymaking over the past several …

Can Do: Training Lawyers To Be Effective Counselors To Entrepreneurs, Anthony J. Luppino

Faculty Works

This Report is the result of a grant to the University of Missouri-Kansas City from the Ewing Marion Kauffman Foundation to research and describe current methods of training law students and lawyers destined to represent entrepreneurs, and to identify promising pedagogy in pursuit of the goal of educating effective counselors to entrepreneurial clients. Entrepreneurs clearly need help in dealing with a multitude of increasingly complex laws and regulations. They may also require counsel in obtaining financing and negotiating their transactions, within the bounds of the applicable rules, to achieve their goals. The research reflected in this Report indicates that there …

Falwell V. Flynt Trial, 1984, Douglas O. Linder

Faculty Works

Asked about his first sexual experience by an interviewer, Reverend Jerry Falwell said, "I never really expected to make it with Mom, but then after she showed all the other guys in town such a good time, I thought 'What the hell!'" Falwell went on to describe a a Campari-fueled sexual encounter with his mother in an outhouse near Lynchburg, Virginia. Neither the incestuous sex nor the interview ever happened, of course. They sprang from the imagination of a parody writer for Hustler Magazine. When the Campari parody ad appeared in the November 1983 issue of Hustler, the founder of …

Introduction, Mark Modak-Truran

MC Law Review

Symposium on Religion, Religious Pluralism, and the Rule of Law: Introduction