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2008

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Articles 8581 - 8610 of 10761

Full-Text Articles in Law

Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak Jan 2008

Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak

Richmond Journal of Law and the Public Interest

Following this introduction, Part II evaluates the effectiveness of the BAPCPA by measuring bankruptcy filing rates pre- and post-enactment and examines the losses disclosed by some of the largest credit lenders who lobbied for the bill. Part III discusses the legal challenges to BAPCPA that have already appeared in federal court. Part IV explains some of the more heavily-criticized shortcomings of the BAPCPA. This comment concludes with a brief discussion of the root causes of bankruptcy that remain unaffected by the passage of the BAPCPA.

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Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams Jan 2008

Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams

Richmond Journal of Law and the Public Interest

The freedom of speech protected by the First Amendment encompasses more than mere spoken words; it also protects conduct that has an expressive quality, such as flag burning.' In the important case of United States v. O'Brien, the United States Supreme Court appeared to narrow these sorts of protections in cases where there is a sufficient government interest in prosecuting actions, such as burning draft cards, and when such acts are noncommunicative. After the Supreme Court's recent holding in Rumsfeld v. Forum for Academic and Institutional Rights, Inc., the O'Brien holding's limitation on First Amendment protection for expressive conduct appears …

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Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn Jan 2008

Condemning Our Youth To Lives As Criminals:Incarcerating Children As Adults, Chelsea Dunn

Richmond Journal of Law and the Public Interest

Underlying the juvenile court system are two competing philosophies of justice which have taken predominance over the system at different historical periods in relation to the public climate. Early reformers conceptualized juvenile justice as an informal and protective system that would seek to rehabilitate disadvantaged children who had succumbed to criminal influences. In response to negative assessments noting the leniency of juvenile courts, critics began to advocate for a more punitive system which would focus on retribution rather than treatment. Measures adopted by courts to increase the criminal responsibility placed upon juveniles include minimum sentencing guidelines and transfer of offenders …

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Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers Jan 2008

Ramifications Of Felony Disenfranchisement On The Votingpopulation In The Commonwealth Of Virginia, Dr. Monica Robbers

Richmond Journal of Law and the Public Interest

Virginia is one of 12 states in the United States that does not automatically restore the right to vote to all felons who have completed their sentences. This paper provides the historical context offelony disenfranchisement in the Commonwealth of Virginia, and includes an examination of legislation and the rationales behind it. Descriptive empirical analysis of individuals in Virginia who have been disenfranchised and the impact this has on the Commonwealth's voting population is conducted for the year 2000. In addition, analysis of the impact of disenfranchisement on voting in two counties and two cities is incorporated. Discussion of current policy …

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Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon Jan 2008

Dna Is Different:Implications Of The Public Perception Ofdna Evidence On Police Interrogation Methods, Christine D. Salmon

Richmond Journal of Law and the Public Interest

These reform proposals have been met with vehement criticism, most of which stem from a concern that any attempt to prohibit or regulate deceptive interrogation methods would decrease the number of confessions and convictions produced by the criminal justice system. With these concerns in mind, this article proposes a different, more moderate reform: a per se ban on the falsification of DNA evidence during police interrogations. This proposal differs from those described above in three important ways. First, the prohibition on fabricating DNA evidence does not require a change in the voluntariness test used to ascertain the admissibility of a …

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Really Leaving No Child Behind: How The Supreme Court's Student Speech Doctrine Compromises Modern Education Reform - And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street Jan 2008

Really Leaving No Child Behind: How The Supreme Court's Student Speech Doctrine Compromises Modern Education Reform - And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street

Richmond Journal of Law and the Public Interest

tudent speech" doctrine defined by Tinker in favor of an in loco parentis standard that defers to the expertise of school officials in maintaining a safe, effective, and orderly school environment. Contrary to what its critics assume, an in loco parentis standard would not give school officials carte blanche to violate their students' rights. It would, for example, prohibit school officials from discriminating against students on the basis of viewpoint. But as long as Tinker's student speech doctrine survives, efforts to improve our schools and prepare our children for the rigors of the twenty-first century will suffer. The in loco …

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Mental Health In Virginia, Phillip Hamilton Jan 2008

Mental Health In Virginia, Phillip Hamilton

Richmond Journal of Law and the Public Interest

Since the April 16, 2007 tragedy at Virginia Tech, the public's attention has focused on Virginia's mental health system. Like far too many public policy issues that face the government, it often takes a tragedy to bring an issue to the point where real action is taken. Over the years, one of the major issues facing Virginia has been how to best meet the needs of its citizens requiring mental health services. This is not a new issue. Since 1949 there have been many studies of Virginia's mental health system. These studies have emphasized the same issues over and over …

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Promised Reforms Fall Short Of The Mark, Colleen Miller Jan 2008

Promised Reforms Fall Short Of The Mark, Colleen Miller

Richmond Journal of Law and the Public Interest

Did the General Assembly pass sweeping mental health law reforms? Do the new laws make it easier to hospitalize individuals against their will, and if so, is that a desirable end? While new legislation rewords our civil commitment statute, do the new words really improve Virginia's mental health care system? In all likelihood, the most significant effect of the new legislation will be making our mental health laws more vulnerable to constitutional challenge, while simultaneously making it more difficult for Virginians to get necessary mental health treatment voluntarily.

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Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo Jan 2008

Illegal Immigration In The Virginia General Assembly - From The Perspective Of An Advocate Of Passing Laws To Stop Illegal Immigration: Why Do It And What Can Be Done, David B. Albo

Richmond Journal of Law and the Public Interest

An editorial discussing the following, 1. Why legislators want to pass laws to discourage illegal alien: The problem with illegal immigration isn't the people it's the cost, 2. How legislators can pass laws to discourage illegal aliens from coming to Virginia, 3. 2008 legislation on immigration

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Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher Jan 2008

Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher

Richmond Journal of Law and the Public Interest

Most people probably do not know that as many as 65,000 nonsmokers die from secondhand smoke exposure each year. In fact, secondhand smoke is the third leading cause of preventable death in the United States. During the 2008 session of the Virginia General Assembly, state legislators commendably introduced twelve smoke-free bills -the most in the legislature's history. While many of these efforts to protect the public health succeeded in the Senate, a House of Delegates subcommittee declined to hear many of the bills, effectively removing them from further consideration. Clearly, Virginia has a long way to go, but support for …

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Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann Jan 2008

Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann

Richmond Journal of Law and the Public Interest

If your home was overrun with spirits in the movie Ghostbusters, it was easy to know who to call-Ghostbusters! But for a child or parent to navigate through the maze of Virginia bureaucracies to figure out whom to call when questions or concerns arise about a child in state care can be difficult, if not impossible. A desire to simplify that process formed the impetus for recent Virginia legislation to establish a children's ombudsman office. Indeed, the ombudsman legislation would elevate the ombudsman beyond the role of simply "ghostbusting," or handling each complaint in a vacuum. It would also require …

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The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt Jan 2008

The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt

Richmond Journal of Law and the Public Interest

This article examines the national treatment of mental health care professionals' participation in custody determinations and compares these practices with Virginia's ban. Furthermore, this article explores the rationale behind the ban on therapist testimony while weighing the pros and cons of allowing such evidence to be used. It then takes a closer look at the arguments for repealing the ban and the possible benefits which could result from the 2008 repeal.

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Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young Jan 2008

Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young

Richmond Journal of Law and the Public Interest

This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.

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Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers Jan 2008

Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers

Richmond Journal of Law and the Public Interest

On July 26, 2007, a federal court ruled it unconstitutional for city officials in Hazleton, Pennsylvania, to implement a local anti-immigrant ordinance that punished employers and landlords for doing business with undocumented immigrants. Despite this well-grounded landmark decision, local governments throughout the nation continue to develop patchwork solutions to a broken federal immigration system, endangering the health and well-being of communities and people alike. Virginia has positioned itself at the forefront of America's immigration debate. Leading up to the 2008 General Assembly session, localities throughout the state developed public statements on immigration, reaffirmed English as the official language, and considered …

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Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel Jan 2008

Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel

Richmond Journal of Law and the Public Interest

Immediately after the BCRA became law, its constitutionality was Supreme Court of the United States upheld all of the Act's major provisions. This Article will examine four main empirical claims the Court makes in McConnell: (1) wealthy campaign donors are able to buy greater access to politicians with campaign contributions, (2) limits on freedom to associate within party committees are necessary in order to prevent campaign finance abuses, (3) reductions in campaign funding will not inhibit political campaigns, and (4) those who purchase campaign advertisements must be identified so voters are not misled by the advertisements' messages. The first two …

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Protecting Virginia's Youth: Establishing A Children's Ombudsman Office, Chelsea Dunn Jan 2008

Protecting Virginia's Youth: Establishing A Children's Ombudsman Office, Chelsea Dunn

Richmond Journal of Law and the Public Interest

Efforts from across Virginia to give our Commonwealth's vulnerable children a voice culminated on March 8, 2008, as legislation approving the creation of a Children's Ombudsman Office passed both houses of the Virginia legislature. Senate Bill 315, introduced by Senator John S. Edwards and co-sponsored by Senator R. Edward Houck,' passed the Senate with only one dissenting vote and received unanimous treatment in the House. House Bill 1131, introduced by Delegate William H. Fralin, Jr. and co-sponsored by Delegate Robert H. Brink, was approved unanimously in both chambers. These identical bills seek to give a voice to the 9,269 vulnerable …

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Finders Sleepers: Why Recent State Regulation Of Financial Intermediaries Should Rouse The Federal Government From Its Slumber, Jeffrey D. Chadwick Jan 2008

Finders Sleepers: Why Recent State Regulation Of Financial Intermediaries Should Rouse The Federal Government From Its Slumber, Jeffrey D. Chadwick

Richmond Journal of Law and the Public Interest

This comment argues that the current treatment of financial intermediaries in the capital-raising process is unresponsive to the changing landscape of the small business community. Not only does the SEC inadequately define the permissible role of a finder, recent legislation in Texas and South Dakota foreshadows the ills of a dual regulatory society. Rather than waiting for states to address the finder's dilemma on an ad hoc and inconsistent basis, the federal government should create an SEC-registered class of finders to facilitate capital formation and jumpstart a receding American economy. Part II examines the expanding role of financial intermediaries in …

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Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa Jan 2008

Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa

Richmond Journal of Law and the Public Interest

Davis has raised numerous campaign finance issues: the precise definition of corruption in the electoral process; whether the government has an important interest in leveling the playing field of campaign finance to battle the perception that money can buy a seat in Congress; whether variations in contribution limits actually chill political speech by discouraging a candidate from self-financing; and, even if it does, whether the government interest is sufficient to allow raised limits. Part II of this note explores the history of campaign finance regulation through Congress and the courts, specifically focusing on self-financed candidates and the consideration of expenditure …

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Charting A New Course: Practical Considerations For Implementing An Electronic Health Records System, Roy H. Wyman, Amanda L. Kutz Jan 2008

Charting A New Course: Practical Considerations For Implementing An Electronic Health Records System, Roy H. Wyman, Amanda L. Kutz

Richmond Journal of Law and the Public Interest

What is true for many aspects of life is also true for HIT-timing is everything. When a practice is ready to move forward with an EHR system, the potential benefits are numerous, from capturing potential clinical and billing mistakes to lessening the need for additional personnel and the prompt sharing of information with other providers. Attempting to install an EHR system before a practice, or any provider, is ready, however, can lead to disaster, as was discovered at Cedars-Sinai Medical Center when it was forced to shelve its three-month-old, thirtyfour million dollar computer system. This Article explores the legal issues …

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State Of Utah V. Edgar Jeffries : Reply Brief, Utah Court Of Appeals Jan 2008

State Of Utah V. Edgar Jeffries : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction for attempted distribution of a counterfeit substance, a third degree felony under Utah Code Ann. §§ 58-37-8(l)(a)(ii) (2007), and 76-4-101(1) (Supp. 2007), entered in the Third Judicial District Court, in and for Salt Lake County, State of Utah, the Honorable Judith S. Atherton, presiding.

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Free Motion Fitness, Inc., Icon Health And Fitness V. Wells Fargo Bank West, Ground Zero Design Llc : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Free Motion Fitness, Inc., Icon Health And Fitness V. Wells Fargo Bank West, Ground Zero Design Llc : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A FINAL JUDGMENT IN THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, STATE OF UTAH HONORABLE ROBERT K. HILDER

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Utah V. Michael Duke Tanner : Brief Of Appellant, Utah Court Of Appeals Jan 2008

Utah V. Michael Duke Tanner : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT APPEAL FROM THE FOURTH DISTRICT COURT, STATE OF UTAH, FROM A CONVICTION OF SIX FE SUBSTANCE VIOLATIONS, BEFORE THE HONORABL UTAH COUNTY, L1 ONY CONTROLLED CLAUDIA LAYCOCK

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Hyde Park City V. Jerald Rio Davis : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Hyde Park City V. Jerald Rio Davis : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an Order of the Honorable Clint S. Judkins Judge of the First Judicial District Court Cache County, State of Utah

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Max B. Graff, Anita B. Graff, Curtis A. Graff, Carol A. Graff, Graff Ranches, Lc V. Naterra West, Llc; Naterra West, Gateway Farms, Llc; And Fusion Group, Llc V. Max B. Graff, Anita B. Graff, Curtis A. Graff, Carol A. Graff, Graff Ranches, Lc And Don D. Gilbert : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Max B. Graff, Anita B. Graff, Curtis A. Graff, Carol A. Graff, Graff Ranches, Lc V. Naterra West, Llc; Naterra West, Gateway Farms, Llc; And Fusion Group, Llc V. Max B. Graff, Anita B. Graff, Curtis A. Graff, Carol A. Graff, Graff Ranches, Lc And Don D. Gilbert : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Utah Chapter Of The Sierra Club V. Utah Air Quality Board : Reply Brief, Utah Court Of Appeals Jan 2008

Utah Chapter Of The Sierra Club V. Utah Air Quality Board : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Amber Mckelvey V. Stuart Hamilton And Vincent Hamilton : Reply Brief, Utah Court Of Appeals Jan 2008

Amber Mckelvey V. Stuart Hamilton And Vincent Hamilton : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

AN APPEAL FROM THE FOURTH JUDICIAL DISTRICT COURT OF UTAH COUNTY, STATE OF UTAH HONORABLE DEREK PULLAN, DISTRICT JUDGE PRESIDING

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D.U. Company, Inc. V. Alan Jenkins, Elaine Jenkins Et Al. : Reply Brief, Utah Court Of Appeals Jan 2008

D.U. Company, Inc. V. Alan Jenkins, Elaine Jenkins Et Al. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM FINAL ORDERS AND JUDGMENT BY THE HONORABLE SANDRA PEULER, THIRD DISTRICT COURT, SALT LAKE COUNTY

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Lorri (Scott) Aldridge Vs. Russell Scott : Brief Of Appellant, Utah Court Of Appeals Jan 2008

Lorri (Scott) Aldridge Vs. Russell Scott : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

FROM AN ORDER ON VARIOUS MOTIONS IN THE THIRD JUDICIAL DISTRICT COURT, MURRAY/SALT LAKE DEPARTMENT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE JUDGE JOSEPH C FRATTO,JR.

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Bruce Edwards V. Powder Mountain, Inc., Powder Mountain Water And Sewer, Alvin Cobabe, Jamie Lythgoe, June Cobabe, Chuck Panter, Joann Panter, Susan Lowther, Lawar Lowther, Ray W. Moss, Merlin J. Tomlinson, Elergy Voge, Clair Van Meeterren, Wayne Stokes, Kim Remmash, J. Ulie Batchelar, Powder Mountain West Landowners Association, Gary L. Jacobs, Gordon James : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Bruce Edwards V. Powder Mountain, Inc., Powder Mountain Water And Sewer, Alvin Cobabe, Jamie Lythgoe, June Cobabe, Chuck Panter, Joann Panter, Susan Lowther, Lawar Lowther, Ray W. Moss, Merlin J. Tomlinson, Elergy Voge, Clair Van Meeterren, Wayne Stokes, Kim Remmash, J. Ulie Batchelar, Powder Mountain West Landowners Association, Gary L. Jacobs, Gordon James : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Val M. Ellison V. Utah County Government And Hartford Life And Accident Insurance Company : Brief Of Appellee, Utah Court Of Appeals Jan 2008

Val M. Ellison V. Utah County Government And Hartford Life And Accident Insurance Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On Appeal from the Fourth Judicial District Court, Provo Department The Honorable Judge James R. Taylor Case No. 050402012

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