Law Commons^™

The Need For Rational Boundaries In Civil Conspiracy Claims, Mark A. Behrens, Christopher E. Appel

Northern Illinois University Law Review

Recently, the tort of civil conspiracy has become a favored weapon of plaintiffs' lawyers in mass tort product liability litigation involving asbestos, breast implants, tobacco, automotive tires and other products, as well as in toxic tort cases. Civil conspiracy claims are often asserted by plaintiffs to allege the liability of peripheral defendants based on their associations with the party primarily responsible for the allegedly injurious product—the manufacturer—such as through membership in a relevant industry or trade association. These claims also fit into a broader pattern of plaintiffs' attorneys seeking to extend concepts of vicarious liability, even to implicate entire industries. …

Torture, Inc.: Corporate Liability Under The Torture Victim Protection Act, Emily M. Martin

Northern Illinois University Law Review

The Torture Victim Protection Act (TVPA) was passed by Congress to provide a modern cause of action for victims of torture around the world. The TVPA allows victims anywhere to bring suit in the Untied States for torture committed abroad by foreign nationals. Currently, there is a split in the circuits over whether the TVPA can be used to hold corporations liable for use of torture. This Comment takes the position that the TVPA can and should be applied to corporations in order to be consistent with the Act's legislative history and to fill dangerous gaps in governance over multinational …

Contents

Louisiana Law Review

No abstract provided.

The Power Politics Of Juvenile Court Transfer: A Mildly Revisionist History Of The 1990s, Franklin E. Zimring

Louisiana Law Review

No abstract provided.

Missed Opportunity: Waiver, Race, Data, And Policy Reform, Mark Soler

Louisiana Law Review

No abstract provided.

Social Welfare And Fairness In Juvenile Crime Regulation, Elizabeth S. Scott, Laurence Steinberg

Louisiana Law Review

No abstract provided.

Clinicians' Transfer Evaluations: How Well Can They Assist Judicial Discretion?, Thomas Grisso

Louisiana Law Review

No abstract provided.

Using Graham V. Florida To Challenge Juvenile Transfer Laws, Neelum Arya

Louisiana Law Review

No abstract provided.

An Open Door To The Criminal Courts: Analyzing The Evolution Of Louisiana's System For Juvenile Waiver, Hector Linares, Derwyn Bunton

Louisiana Law Review

No abstract provided.

Maximizing Expectations: The Idea, Louisiana, And The Assessment Of Students With Disabilities, Laura Beth Graham

Louisiana Law Review

No abstract provided.

A Rock, A Hard Place, And A Reasonable Suspicion: How The United States Supreme Court Stripped School Officials Of The Authority To Keep Students Safe, Thomas R. Hooks

Louisiana Law Review

No abstract provided.

Riding The Fence On Collective Scienter: Allowing Plaintiffs To Clear The Pslra Pleading Hurdle, Heather F. Crow

Louisiana Law Review

No abstract provided.

A Trap For The Unwary: The Sixth Amendment Right To Counsel After Montejo V. Louisiana, Michael C. Mims

Louisiana Law Review

No abstract provided.

Issue 1: Table Of Contents

University of Richmond Law Review

No abstract provided.

Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly

University of Richmond Law Review

No abstract provided.

Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore

University of Richmond Law Review

Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …

Fool Me Once, Shame On Me; Fool Me Again And You're Gonna Pay For It: An Analysis Of Medicare's New Reporting Requirements For Primary Payers And The Stiff Penalties Associated With Noncompliance, Brent M. Timberlake, Monica A. Stahly

University of Richmond Law Review

This article discusses the new requirements and the issues that currently face insurers, claimants, and attorneys in cases involving Medicare-eligible beneficiaries.

Construction Law, Christopher G. Hill

University of Richmond Law Review

This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.

Environmental Law, Caleb A. Jaffe, Sean M. Carney

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Virginia B. Theisen, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many cases and bills those that have the most significant practical impact on the daily practice of criminal law in the Commonwealth. Due to space constraints, the authors have stayed away from discussing settled principles, with a focus on the "take away" for a particular case.

Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac

University of Richmond Law Review

Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power ofAttorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in thisarea. This article reports on all of these legislative and judicial developments, along with …

Museletter: November 2010, Suzanne Corriell

Museletter

This Issue:

Not Your Everyday Legal Research: Pop Yeh Yeh Research [Carl Hamm] by Suzanne Corriell

Holiday & Exam Hours Begin November 24

New Faces at the Law Library

Same Faces... but New Places at the Law Library

Law at the Movies: The Social Network by Gail Zwirner

Another Can Of "Crawford" Worms: Certificates Of Nonexistence Of Public Record And The Confrontation Clause, Keith Hollingshead-Cook

Vanderbilt Law Review

The Confrontation Clause of the Sixth Amendment to the U.S. Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right .. . to be confronted with the witnesses against him."' When the Supreme Court decided Crawford v. Washington in 2004, it established a new standard for assessing the scope of this right and determining when hearsay is admissible as trial evidence against a criminal defendant. Rather than basing decisions regarding a defendant's right to confrontation on a judicial inquiry into the reliability of a particular statement, an approach typified by the Court's earlier decision of Ohio v. …

The Significance Of Conscience, Kent Greenawalt

San Diego Law Review

Conscience, like most words that describe human experience and recommend human action, has changed its meanings over time and takes on subtly different meanings in different contexts. Since the time of Thomas Aquinas, when conscience referred to moral judgments about action, and our founding era, when "freedom of conscience" dominantly referred to individual religious liberty, our understanding has evolved. In this paper, I concentrate on present usage. My aims are partially descriptive and mainly normative. My hope is that by clarifying various ways the notion of conscience is conceived, I can contribute to a thoughtful elaboration of normative issues concerning …

Property Is A Two-Way Street: Personal Copyright Use And Implied Authorization, Michael Grynberg

College of Law Faculty

No abstract provided.

Pricing Terms In Sovereign Debt Contracts: A Greek Case Study With Implications For The European Crisis Resolution Mechanism, Eric A. Posner, Stephen J. Choi, G. Mitu Gulati

Coase-Sandor Institute for Law & Economics Research Paper Series

Conventional wisdom holds the boilerplate contract terms are ignored by parties, and thus are not priced into contracts. We test this view by comparing Greek sovereign bonds that have Greek choice-of-law terms and Greek sovereign bonds that have English choice-of-law terms. Because Greece can change the terms of Greek-law bonds unilaterally by changing Greek law, and cannot change the terms of English-law bonds, Greek-law bonds should be riskier, with higher yields and lower prices. The spread between the two types of bonds should increase when the probability of Greek default increases. Recent events allow us to test this hypothesis, and …

The Constitution Of The Roman Republic: A Political Economy Perspective, Eric A. Posner

Coase-Sandor Institute for Law & Economics Research Paper Series

The constitution of the Roman Republic featured a system of checks and balances that would eventually influence the American founders, yet it had very different characteristics from the system of separation of powers that the founders created. The Roman senate gave advice but did not legislate; the people voted directly on bills and appointments in popular assemblies; and a group of magistrates, led by a pair of consuls, proposed bills, brought prosecutions, served as judges, led military forces, and performed other governmental functions. This paper analyzes the Roman constitution from the perspective of agency theory, and argues that the extensive …

Location-Based Services: Time For A Privacy Check-In, Chris Conley, Nicole Ozer, Hari O'Connell, Ellen Ginsburg, Tamar Gubins

Faculty Scholarship

Need to get directions when you are lost? Want to know if your friends are in the neighborhood? Location-based services – applications and websites that provide services based on your current location – can put this information and more in the palm of your hand.

But outdated privacy laws and varying corporate practices could mean that sensitive information about who you are, where you go, what you do, and who you know end up being shared, sold, or turned over to the government.

Can location-based services protect your privacy? Do they? And what can we do to improve the situation? …