Law Commons^™

No Child Left Behind And Special Education: The Need For Change In Legislation That Is Still Leaving Some Students Behind, Stephanie S. Fitzgerald

Richmond Journal of Law and the Public Interest

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 …

The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen

Richmond Journal of Law and the Public Interest

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 …

Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt

Richmond Journal of Law and the Public Interest

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 …

Bill Summary Indices

Richmond Journal of Law and the Public Interest

House of Delegates bill summaries index

The Value Of An Interdisciplinary Education For Prospective Law Students, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Undergraduate pre-law education must prepare prospective law students for the challenges of law school and the law school admissions process. Although law school does not require a prerequisite course of study, it is my contention that the optimal undergraduate preparation consists of interdisciplinary liberal arts education. Such a pedagogical approach allows for students to understand law in the context of society and its practice beyond the theoretical fundamentals taught in most law schools. Many law school faculty favor interdisciplinary education in law school and law admissions officials stress liberal arts education for undergraduates. Accordingly, the optimal pre-law undergraduate education should …

Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman

Hofstra Law Review

This piece, published in Part 1 of Hofstra Law Review’s symposium marking the tenth anniversary of the ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, considers the converging pressures now impelling the states to provide the effective assistance of counsel in state capital post-conviction proceedings. On the one hand, Martinez v. Ryan, 132 S. Ct. 1309 (2012) - a case that will likely be expanded to a number of additional procedural and substantive contexts - warns the states that if they fail to provide such counsel, their capital convictions will be subject to searching …

Title Iii Of The Jobs Act: Using Unsophisticated Wealth To Crowdfund Small Business Capital Of Fraudsters' Bank Accounts?, Benjamin P. Seigel

Hofstra Law Review

No abstract provided.

Freedom From Food: On The Need To Restore Fdr's Vision Of Economic Rights In America, And How It Can Be Done, Evgeny Krasnov

Hofstra Law Review

Within the U.S. policy discourse, it has long been taken for granted that the body of human rights law does not — and should not — include economic rights, which include the right to adequate food, shelter, and health care. This is an irony of history, since the origins of modern-day economic rights law lie in the policies advocated by the U.S. President Franklin Delano Roosevelt.

This article argues that (1) the common justifications for neglecting economic rights are not sound; (2) there is a pressing need to recognize economic rights in the United States; and (3) the best way …

Foreword: Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney

Hofstra Law Review

In 1991 Professor Ted Schneyer wrote a seminal article calling for discipline of law firms. In that article, he used the term “ethical infrastructure” to refer to a law firm’s organization, policies, and operating procedures that cut across particular lawyers and tasks. In questioning how lawyer regulation focuses on the conduct of individual lawyers, he described the dynamics of practice and how various ethical breaches stem from organizational concerns that relate to lawyering in groups. Increasingly, legislators and regulators, as well as bar and firm leaders, have recognized the role of ethical infrastructure and culture in influencing lawyer conduct. Scholars, …

Nested Ethics: A Tale Of Two Cultures, Milton C. Regan, Jr.

Hofstra Law Review

This article suggests that a law firm that desiring to promote ethical behavior by its lawyers needs to complement efforts to establish an “ethical infrastructure” and an “ethical culture” with attention to its broader organizational culture. Specifically, research indicates that the perception that an organization treats its members fairly–their sense of organizational justice--is an important factor in prompting members’ ethical behavior.

Many law firms in the last two or three decades have devoted attention to establishing what has been called an “ethical infrastructure” that reflects appreciation of the importance of organizational policies and procedures in encouraging ethical behavior. Such measures …

We The People Or We The Legislature? The Stock Act's Compromise Between Politically-Motivated Accountability And Keeping Congress Above The Law, Danielle A. Austin

Hofstra Law Review

The article discusses the U.S. Stop Trading On Congressional Knowledge Act of 2012 (STOCK Act) and the efforts to curb insider trading by members of the U.S. Congress as of September 2013, focusing on the STOCK Act's reported compromise between politically-motivated accountability and a push to end congressional corruption in America. The relationship between the U.S. securities industry (Wall Street) and the nation's Congress is examined, along with federal legislation and penalties.

Front Matter

Hofstra Law Review

No abstract provided.

The Forgotten Amendment And Voter Identification: How The New Wave Of Voter Identification Laws Violates The Twenty-Fourth Amendment, Brendan F. Friedman

Hofstra Law Review

The article discusses various state voter identification laws in America as of 2013, focusing on the U.S. Congress' passage of the nation's Help America Vote Act and the claim that the state voter identification laws violate the Twenty-Fourth Amendment to the U.S. Constitution (USC). The U.S. Voting Rights Act and the Equal Protection Clause of the Fourteenth Amendment to the USC are mentioned. It states that courts have upheld certain identification laws which imposed merely incidental costs.

Improving State Capital Counsel Systems Through Use Of The Aba Guidelines, Robin M. Maher

Hofstra Law Review

The article discusses the reported efforts to improve state capital punishment counsel systems through the use of the American Bar Association's (ABA's) "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" which have apparently been adopted by every active death penalty jurisdiction in the U.S. as of March 2014. America's criminal justice system and ineffective assistance of counsel claims in the U.S. are mentioned, along with various state supreme courts.

Ethical Decisionmaking And The Design Of Rules Of Ethics, John S. Dzienkowski

Hofstra Law Review

No abstract provided.

Asocial Media: Cops, Gangs, And The Internet, James R. O'Connor

Hofstra Law Review

Criminal street gangs are not a new phenomenon in America, but recent developments in technology and social interactions have changed the game -- gangs are increasingly using social media to accomplish gang objectives and commit crimes. This is no secret to law enforcement. In fact, police departments and prosecutors regularly use the Internet and social media networks to obtain incriminating evidence against gang members -- evidence that is often ruled admissible in court. Although the majority of the information seized in these investigations is highly personal and profoundly private, the details of the government’s specific data-collection and data-storage practices remain …

The Development Of China's Death Penalty Representation Guidelines: A Learning Model Based On The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Jie Yang

Hofstra Law Review

The article discusses the development of death penalty legal representation guidelines in China based on the American Bar Association's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" as of 2014. According to the article, law professors, legal advocates, and defense attorneys in China collaborated on the creation of a code for lawyers who represent defendants in death penalty cases. China’s Supreme People’s Court and defendants' rights are examined.

Untitled Chapter, William Snape

Contributions to Books

No abstract provided.

Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky

Articles by Maurer Faculty

No abstract provided.

A "Common" Proposal, Stacey A. Tovino

Faculty Articles

The Federal Policy for the Protection of Human Subjects (the "Common Rule") is codified in separate regulations by seventeen federal departments and agencies, including the Department of Health and Human Services (HHS). HHS’s version of the Common Rule currently contains a basic policy for the protection of all human subjects, codified at Subpart A of the Common Rule, as well as special provisions governing human subjects research involving three sets of vulnerable populations, including pregnant women, fetuses, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). This Article proposes that HHS amend the Common Rule to add a …

Conflicts Of Interest In Medicine, Research, And Law: A Comparison, Stacey A. Tovino

Faculty Articles

Several of the remarks and articles presented in this symposium have addressed conflicts of interest arising during the provision of legal counsel to individuals who are elderly, including specific conflicts of interest implicated by estate planning, retirement planning, and long-term care planning. Topics examined thus far include conflicts of interest with respect to the application of rules of confidentiality within state rules of professional conduct to elderly clients with impaired decision-making capacity; conflicts of interest involving representative payees for Social Security benefits; conflicts of interest in distributions when parents enter into marriages that are unprotected by law; and conflicts of …

Gone Too Far: Federal Regulation Of Health Care Attorneys, Stacey A. Tovino

Faculty Articles

Outside health care counsel frequently obtain medical records, billing records, health insurance claims records, and other records containing individually identifiable health information in the course of representing health industry clients in medical malpractice, licensure, certification, accreditation, fraud and abuse, peer review, and other civil, criminal, and administrative health law matters. This Article is the first to argue that state rules of professional conduct, not federal health information confidentiality regulations, should govern outside health care counsel’s use and disclosure of confidential client information, and that outside counsel should be excepted from direct federal regulation under the HIPAA Privacy Rule.

Legal Thought In Enlightenment’S Wake, Jeffrey A. Pojanowski

Journal Articles

A review of Steven D Smith, The Disenchantment of Secular Discourse (Harvard University Press, 2010) 264 pp, Hbk £20.95, ISBN 978-0674050877.

This review essay considers Steven D. Smith’s most recent book, The Disenchantment of Secular Discourse. Rather than focusing on the book’s argument about the practices and pathologies of the public square, this essay uses Smith’s chapter on scientific thought as a platform for exploring connections between Disenchantment and Smith’s prior work in legal theory. The catalyst for these reflections is Scandinavian legal realism. Considering these elements together sheds light on both the limits and virtues of central ideas about …

Women And Judging: A Feminist Approach To Judging And The Issue Of Customary Law (Eleventh Annual Ruth Bader Ginsburg Lecture), Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Richmond Law Magazine: Winter 2013

Richmond Law Magazine

Features:

Outsourcing Childcare

The Long Wait for October

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"We Are Left To Rot": Arbitrary And Excessive Pretrial Detention In Bolivia, Aya Fujimura-Fanselow, Elisabeth Wickeri

Fordham International Law Journal

No abstract provided.

Controlling The Execution Of A Security Council Mandate To Use Force: Does The Council Need A Lawyer?, Tamar Hostovsky-Brandes, Ariel Zemach

Fordham International Law Journal

No abstract provided.

The Prospector's Guide To The Galaxy, Austin C. Murnane

Fordham International Law Journal

No abstract provided.

Rethink Plans To Loosen U.S. Arms Controls On Arms Exports, Barry Kellman

College of Law Faculty

No abstract provided.

Copyright Infringement Of Music Cases: Determining Whether What Sounds Alike Is Alike, Margit Livingston, Joseph Urbinato

College of Law Faculty

The standard for copyright infringement is the same across different forms of expression. But musical expression poses special challenges for courts deciding infringement disputes because of its unique attributes. Tonality in Western music offers finite compositional choices that will be pleasing or satisfying to the ear. The vast storehouse of existing public domain music means that many of those choices have been exhausted. Although independent creation negates plagiarism, the inevitable similarity among musical pieces within the same genre leaves courts in a quandary as to whether defendant composers infringed earlier copyrighted works or simply found their own way to a …