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Articles 10141 - 10170 of 12809
Full-Text Articles in Law
Judicial Memoirs, Thomas Simmons
Judicial Memoirs, Thomas Simmons
Faculty Publications
Review of Ipse Dixit: How the World Looks to a Federal Judge, by Hon. William L. Dwyer and Called to Justice: The Life of a Federal Trial Judge, by Hon. Warren K. Urbom
On Surviving Legal De-Education: An Allegory For A Renaissance In Legal Education, Robin Walker Sterling
On Surviving Legal De-Education: An Allegory For A Renaissance In Legal Education, Robin Walker Sterling
Denver Law Review
No abstract provided.
Parents With Mental Disabilities: The Legal Landscape, Dale Margolin Cecka
Parents With Mental Disabilities: The Legal Landscape, Dale Margolin Cecka
Law Faculty Publications
The ADA, coupled with federal and state child welfare laws, provides broad brush strokes for advocates of parents with mental disabilities and their children. To effectuate parents’ rights, child welfare professionals must work with the parents themselves, as well as with other state departments, to form service plans that are tailored for the success of each individual family.
Mass Tort Claims In International Investment Proceedings: What Are The Lessons From The Ecuador-Chevron Dispute?, Chiara Giorgetti
Mass Tort Claims In International Investment Proceedings: What Are The Lessons From The Ecuador-Chevron Dispute?, Chiara Giorgetti
Law Faculty Publications
In parallel to the La go Agrio and Aguinda litigations in the U.S. and Ecuadorian proceedings that have been discussed already,l the Chevron dispute includes an international dimension that presents equally complex and important challenges, but focuses on very different issues and involves different parties. My remarks introduce these international proceedings first to explain the different actions taken by the parties in different forums. I then assess the viability of international dispute resolution mechanisms for mass tort claims in general, before considering more specifically whether they can provide sufficient redress to mass tort claimants. Finally, I briefly introduce alternative dispute …
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Whose Choice Are We Talking About: The Exclusion Of Students With Disabilities From For-Profit Online Charter Schools, Matthew D. Bernstein
Richmond Public Interest Law Review
By examining the history of special education law against the emergence of the for-profit and online education movements, this paper explores the charter school movement from a consumer law perspective. It aims to explain why much of the current debate over test scores, "accountability," and teacher evaluation obscures other systemic fault lines that implicate the very reasons we have a public education system in the first place. In turn, the goal is to suggest solutions to some fundamental questions: in the twenty-first century, do we still need a public education system? What are our collective responsibilities to students? What does …
Is Circumcision Legal?, Peter W, Adler
Is Circumcision Legal?, Peter W, Adler
Richmond Public Interest Law Review
An important, divisive, and unanswered question of American law - and indeed of international law - is whether it is legal to circumcise healthy boys. American medical association and experts assert that circumcision is a common, safe, and relatively painlesss procedure with many medical benefits that exceed the risks. They argue that insurance should pay for it. Some religious organizations argue that circumcision is a sacred religious ritual. In any event, proponents claim that parents have a general and religious right to make the circumcision decision. They can point to the fact that no physician has ever been held liable …
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald
No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald
Richmond Public Interest Law Review
In four parts, this article focuses on NCLB's negative impact on special education. Part II outlines the provisions of NCLB and examines the differences between NCLB and the Individuals with Disabilities Education Act ("IDEA"). Part III provides a detailed explanation of the existing scholarly opinions in support of, and in disagreement with, NCLB. Part IV discusses the current political landscape and NCLB's pending reauthorization. Finally, Part V, based on an analysis of the issues plaguing the current system, suggests a solution to improve the existing relationship between special education and NCLB. Furthermore, Part V addresses the positive aspects and possible …
Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West
Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West
Richmond Public Interest Law Review
This article consists of the following sections: Section one presents the content of the proposed amendment and explains the ways in which it is unclear, redundant, and otherwise poorly written. Section two addresses the issue of whether the provisions intended to protect religious expression, including prayer, are necessary and can solve the problems they are intended to solve. It also identifies the crucial challenge in cases involving religious expression - namely, determining correctly whether it is the government or a private individual or group that is expressing or promoting a religious belief or practice. This determination must be made because …
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt
Richmond Public Interest Law Review
This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the …
The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen
Richmond Public Interest Law Review
In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …
Bill Summary Indices
Richmond Public Interest Law Review
House of Delegates bill summaries index
House Bills
Richmond Public Interest Law Review
Listing of House bills from the 2013 General Assembly
Senate Bills
Richmond Public Interest Law Review
Listing of Senate bills from the 2013 General Assembly
The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
The Right To Enforce: Why Rluipa's Land Use Provision Is A Constitutional Federal Enforcement Power, Qasim Rashid
Richmond Public Interest Law Review
The Religious Land Use and Institutionalized Persons Act ("RLUIPA') superseded the Religious Freedom Restoration Act ("RFRA'), which the Supreme Court held unconstitutional in its application to states in 1997. A two-pronged law, RLUIPA protects prisoners from unjust impositions to their freedom of worship and also ensures religious institutions may use their property for legitimate worship purposes without burdensome zoning law restrictions. This paper focuses specifically on the latter prong and analyzes RLUIPA in light of the growing Islamophobia in America during the previous twenty-four months. For example, the United States Department of Justice reports "of the eighteen RLUIPA matters involving …
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Christian Parking, Hindu Parking: Applying Established Civil Rights Principles To Rluipa's Nondiscrimination Provision, Roman P. Storzer, Blair Lazarus Storzer
Richmond Public Interest Law Review
This article is divided into three parts. First, it explores certain issues inherent in a Nondiscrimination claim, including how the Nondiscrimination provision has been mistakenly conflated with other RLUIPA land use provisions, whether a showing of direct hostility toward a particular faith by governmental actors is required, and what might qualify as adequate comparators in a case where a claimant asserts that it was treated differently and worse than similarly situated applicants. Second, the article proposes application of the reasoning in McDonnell Douglas Corp. v. Green to some Nondiscrimination claims. This would be achieved by burden shifting; after the plaintiff …
Quarreling Over Quarles: Limiting The Extension Of The Public Safety Exception, Andrew T. Winkler
Quarreling Over Quarles: Limiting The Extension Of The Public Safety Exception, Andrew T. Winkler
Richmond Public Interest Law Review
This article addresses the issue of whether the Quarles public safety exception applies after a suspect invokes his Fifth Amendment right to counsel. Due to the lack of guidance in the Quarles opinion, lower courts have expressed confusion as to whether the public safety exception applies to Edwards. Several courts have extended the exception, including the U.S. Court of Appeals for the Fourth and Ninth Circuits, while some state appellate courts have declined to do so. Part II of this article provides the requisite background for understanding Miranda's Fifth Amendment right to counsel, the Edwards rule, and the Quarles public …
The Mosaic Theory In Individual Rights Litigation: On The Genealogy And Expansion Of A Concept, Robert M. Pallitto
The Mosaic Theory In Individual Rights Litigation: On The Genealogy And Expansion Of A Concept, Robert M. Pallitto
Richmond Public Interest Law Review
This article explores the use of the concept of "mosaics" in individual rights litigation, a topic that has received virtually no scholarly attention. Originally a construct used in analysis of intelligence data, the mosaic theory has been transposed to the litigation context and applied in a range of recent case law. Here, the article examines the theory's use in two settings that have important implications for individual liberties: to support the state secrets privilege as a form of information control, and to defeat habeas petitions filed by "war on terror" detainees. In these areas, the mosaic concept is used in …
Volume 22 Issue 2 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 22 Issue 2 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld
Special Topic Introduction: Minerva At The Departure Gate, Robert N. Strassfeld
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Asking The Right Questions: Body Scanners, Is Salus Populi Supreme Lex The Answer?, Victoria Sutton
Asking The Right Questions: Body Scanners, Is Salus Populi Supreme Lex The Answer?, Victoria Sutton
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Patent Eligibility Of Diagnostic Methods After Prometheus: A Redefined Test For Transformation, Scott Frederick Peachman
The Patent Eligibility Of Diagnostic Methods After Prometheus: A Redefined Test For Transformation, Scott Frederick Peachman
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Masthead, Volume 23 Issue 1 (2013)
Masthead, Volume 23 Issue 1 (2013)
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Volume 23 Issue 1 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Volume 23 Issue 1 (2013), Case Western Reserve Health Matrix: Journal Of Law-Medicine
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Changing Landscape Of Carrier Screening: Expanding Technology And Options?, Michelle L. Mcgowan, Deborah Cho, Richard R. Sharp
The Changing Landscape Of Carrier Screening: Expanding Technology And Options?, Michelle L. Mcgowan, Deborah Cho, Richard R. Sharp
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Opportunistic Testing: The Death Of Informed Consent?, Dena S. Davis
Opportunistic Testing: The Death Of Informed Consent?, Dena S. Davis
Health Matrix: The Journal of Law-Medicine
No abstract provided.
What Does Choice Really Mean?: Prenatal Testing, Disability, And Special Education Without Illusions, Deborah Pergament
What Does Choice Really Mean?: Prenatal Testing, Disability, And Special Education Without Illusions, Deborah Pergament
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Safeguards For Mentally Disabled Respondents In Removal Proceedings, Christina P. Greer
Safeguards For Mentally Disabled Respondents In Removal Proceedings, Christina P. Greer
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon
Taxation Without Representation: The Illegal Irs Rule To Expand Tax Credits Under The Ppaca, Jonathan H. Adler, Michael F. Cannon
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Defining Intellectual Disability And Establishing A Standard Of Proof: Suggestions For A National Model Standard, Natalie Cheung
Defining Intellectual Disability And Establishing A Standard Of Proof: Suggestions For A National Model Standard, Natalie Cheung
Health Matrix: The Journal of Law-Medicine
No abstract provided.