Law Commons^™

Agency And The Ontology Of The Corporation, Christopher M. Bruner

Washington and Lee Law Review

No abstract provided.

Book Review, The Beauty Bias: The Injustice Of Appearance In Life And Law, Hannah Haksgaard

Faculty Publications

No abstract provided.

Rural Inheritance: Gender Disparities In Farm Transmission, Hannah Haksgaard

Faculty Publications

Farmers are farmers' sons. Notable in our modern day, heralded by many as a gender-neutral society, it is farmers' sons, not farmers' daughters, who become farmers and take over ownership and management of the family farm. It has long been true that agricultural knowledge and land have passed through generations of men. In contrast, daughters, even today, are neither considered to be farmers nor likely to inherit family farmland. This Article begins by chronicling how farmland is inherited (by sons) then discusses why the pattern of excluding women continues. There have been substantial legal changes in the United States impacting …

Maryland Foreclosure Mediation - Working Or Waning? A Critical Look At The State's Foreclosure Mediation Program, Chelsea Jones

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Crazy Horse Malt Liquor Case: From Tradition To Modernity And Halfway Back (Part Iii Of South Dakota Law Review Trilogy), Frank Pommersheim

Faculty Publications

No abstract provided.

Pooled Trusts, Tom Simmons

Faculty Publications

No abstract provided.

Storytelling For Lawyers, Jonathan Van Patten

Faculty Publications

No abstract provided.

Panel 1: Legal Issues Affecting Juveniles, Steven Drizin, Allison Redlich, Eduardo Padro, Jose Arocho, Donna Henken, Ekow N. Yankah

Cardozo Journal of Equal Rights & Social Justice

Symposium: Stealing Innocence: Juvenile Legal Issues and the Innocence Project: Panel 1 (January 25, 2012)

Five Devastating Collateral Consequences Of Juvenile Delinquency Adjudications You Should Know Before You Represent A Child, Julie Ellen Mcconnell

Law Faculty Publications

The original purpose of the juvenile court was to create a forum, separate from the adult courts, in which children could be given the opportunity for rehabilitation and treatment. Society placed an emphasis on correcting misbehavior and minimizing disruptions in the transition to adulthood for young people and wanted to spare them the stigma of being branded as “criminals.” In 1967, the Court established in In re Gault that juveniles, even though they were in a different system, were still entitled to the basic safeguards that an adult would be granted in the courtroom.

For most of the existence of …

Commissioning Innocence And Restoring Confidence: The North Carolina Innocence Inquiry Commission And The Missing Deliberative Citizen, Mary Kelly Tate

Law Faculty Publications

Since 1989, the United States has witnessed 289 DNA exonerations, with exonerees serving an average of thirteen years in prison. Although DNA and its unmatched power for conclusive results is what brought popular attention to wrongful convictions, the scope of the problem is vastly larger than the number of known DNA exonerations. The actual number of convicted individuals who are factually innocent is unknown. The state of North Carolina has recently responded to this national crisis via a newly created state agency. This essay applauds North Carolina's response, but urges that ordinary citizens, qua jurors, be active participants in its …

Motherhood And The Constitution: (Re)Thinking The Power Of Women To Facilitate Change, Angela Mae Kupenda

Richmond Public Interest Law Review

However, this essay suggests a different, or additional, approach. Rather than focusing on the many barriers to equality originating from others, this essay focuses on women's power to forge equality. Some of this power is cloaked, unharnessed, and underutilized. This essay is intended to challenge women to reconstitute the power of motherhood as a means of transforming not only families, but also law and society. This essay suggests the power of women to be mothering teachers and teaching mothers. Women have a choice, even an affirmative duty, to unharness their power to facilitate change and shape a status quo of …

My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne

Richmond Public Interest Law Review

In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews "My Daddy's Name is Donor" and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.

Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf

Richmond Public Interest Law Review

This Comment contends that cultural and legal representations of breastfeeding in custody determinations highlight contradictory notions of motherhood and family that mirror liberal and conservative family traditions thought to be long dead.

Virginia's Expanded Nutrient Trading Law: Will It Help Restore The Chesapeake Bay While Allowing For Growth, Margaret L. Sanner

Richmond Public Interest Law Review

On April 18, 2012, Virginia Governor Bob McDonnell boosted the Commonwealth's pollution-reduction toolbox with an expanded nutrient trading program when he signed H.B. 176/S.B. 77 into law.' Sparked by the issuance of the Chesapeake Bay Total Maximum Daily Load (the "Bay TMDL"), which updated pollution limits for the Chesapeake Bay and tributaries, and the Virginia Chesapeake Bay TMDL Phase I Watershed Implementation Plan (the "Phase I WIP"),2 the expanded nutrient trading program allows myriad new market participants to generate and sell certified "nutrient credits"3 to others to meet existing limits or to offset new pollution from expansion.4 If the program …

Giving Voice To The Underserved: A Review Of How Lower-Income Virginians Fared In The 2012 Virginia General Assembly, Christie Marra, H. Timothy Perry

Richmond Public Interest Law Review

In 2011, the Census Bureau, after sixteen years of study, released a new, more comprehensive calculus to better gauge poverty in America. This "Supplemental Poverty Measure" (the "SPM") calculates the poverty threshold by estimating not only the cost of food, but also expenses related to clothing, shelter, utilities, and medical costs." Further, the SPM makes adjustment for cost of living, depending upon where the family resides, and also takes into account governmental support, such as food stamps and tax credits, to determine income. Logically, more accurate data on poverty distribution by region, and a more precise measure of the effects …

Reproductive Freedom And Virginia's 2012 General Assembly Session, Katherine Greenier

Richmond Public Interest Law Review

While the Governor approved H.B. 462, the mandatory ultrasound bill, H.B. 62, H.B. 1285, and S.B. 637 failed in the General Assembly.37 As introduced this 2012 session, H.B. 1 contained different bill language than the prior years it has been introduced. H.B. 62, H.B. 1285, and S.B. 637 were new bills, not seen in past years. An analysis and overview of these measures sheds light on the increasing attempts and the tactics used by legislators to undermine reproductive freedom.

Virginia's War On Women: How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas

Richmond Public Interest Law Review

This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons. First, requiring a woman to undergo a medically unnecessary procedure at her own expense is an undue burden under Planned Parenthood v. Casey. Second, the Supreme Court has held that competent people have the right to refuse medical care. By requiring a woman to have an ultrasound, the State is depriving her of her constitutional right to refuse care. Part 11 of this comment will focus on the Supreme Court's role in shaping abortion policy. Part II(A) concerns the history of …

Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds

Richmond Public Interest Law Review

coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …

Masthead, Volume 21 Issue 1 (2011)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Public Health Perspective On Health Care Reform, Micah L. Berman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Constitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Amar Gupta, Deth Sao

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Medical Liability And Health Care Reform, Leonard J. Nelson Iii, Michael A. Morrisey, David J. Becker

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Fda Preemption Of Drug And Device Labeling: Who Should Decide What Goes On A Drug Label, Tamsen Valoir Phd, Shubha Ghosh

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Increasing Consent For Organ Donation: Mandated Choice, Individual Autonomy, And Informed Consent, Hayley Cotter

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Masthead, Volume 22 Issue 2 (2012)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Volume 22 Issue 1 (2012), Case Western Reserve Health Matrix: Journal Of Law-Medicine

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Waiver Of The Psychotherapist-Patient Privilege: Implications For Child Custody Litigation, Marcia M. Boumil, Debbie F. Fretias, Cristina F. Freitas

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Bending The Health Cost Curve: The Promise And Peril Of The Independent Payment Advisory Board, Ann Marie Marciarille, J. Bradford Delong

Health Matrix: The Journal of Law-Medicine

No abstract provided.

University Opposition To Unfettered Research: A New Bedfellow For Biotech?, Katherine L. Record

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Catching Flies With Vinegar: A Critique Of The Centers For Medicare And Medicaid Self-Disclosure Program, Jean Wright Veilleux

Health Matrix: The Journal of Law-Medicine

No abstract provided.