Law Commons^™

Time To Wake Up On Climate Change, Sheldon Whitehouse

American University Law Review

No abstract provided.

Battered By Law: The Political Subordination Of Immigrant Women, Mariela Olivares

American University Law Review

No abstract provided.

A Slow March Towards Thought Crime: How The Department Of Homeland Security's Fast Program Violates The Fourth Amendment, Christopher A. Rogers

American University Law Review

No abstract provided.

The Constitutional Thought Of Alexander Hamilton, Mortimer N.S. Sellers

Book Chapters

Alexander Hamilton was one of the strongest minds behind the development of modern constitutionalism, both in theory and in practice. Hamilton shared the constitutional principles of his republican contemporaries in his commitment to bicameral legislatures, elected executives, the separation of powers, checks and balances in government, and representative (rather than direct) democracy. He differed somewhat in his much stronger commitment to federalism, to executive power, and to judges, as the bulwark of constitutional liberty. Hamilton became as "Publius" (with James Madison) in "The Federalist" the foremost advocate and interpreter of constitutional government as it would ultimately be implemented in the …

Dmca: Professional Sports Leagues' Answer To Protecting Their Broadcasting Rights Against Illegal Streaming, Stephanie N. Horner

Marquette Sports Law Review

No abstract provided.

Religiously Affiliated Law Schools Database, American Bar Foundation

Law School and Faculty Information

The information for this database was collected in the spring of 2014. Variables include:

• School Location
• Public/Private
• Mentions Religion in Mission Statement
• Religiously Affiliated Based on Baylor's Association of Religiously Affiliated Law Schools
• Religiously Affiliated Based on Other Information
• Religious Affiliation

There's More Energy In Coffee Than Just The Caffeine: A Proposal To Revise The Non-Hazardous Secondary Materials Rule Using The Principles Of Integrated Solid Waste Management, Ross Miller

Fordham Environmental Law Review

No abstract provided.

The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope

Faculty Scholarship

Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function.

HECs are typically multidisciplinary groups comprised of representatives from different departments of the healthcare facility: medicine, nursing, law, pastoral care, and social work, for example. HECs were established to support and advise patients, families, and caregivers as they work …

Third-Party Litigation Funding And The Dodd-Frank Act, Victoria Shannon

Transactions: The Tennessee Journal of Business Law

This article questions whether the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) should apply to the growing phenomenon of third-party litigation funding, in which outside entities invest in litigation or arbitration for profit. Currently, the United States, Australia, and the United Kingdom lightly regulate third-party litigation funding, but the majority of the day-to-day oversight comes through voluntary funder self-regulation. Most third-party funders of commercial disputes are private hedge funds that are subject to the securities regulations of the jurisdictions in which they operate. The Dodd-Frank Act is a relatively new statute in the United States that regulates …

Comment: 3d Printing, Sarah K. Wiant

Washington and Lee Law Review

No abstract provided.

The Dwindling Of Revlon, Lyman P.Q. Johnson, Robert Ricca

Washington and Lee Law Review

No abstract provided.

Rural Incentive Programs For Legal And Medical Professionals: A Comparative, Hannah Haksgaard

Faculty Publications

No abstract provided.

Kids Can Change: Reforming South Dakota’S Juvenile Transfer Law To Rehabilitate Children And Protect Public Safety, Wendy Hess

Faculty Publications

South Dakota, like many other states, permits adult criminal prosecution, sentencing, and imprisonment of certain minors who commit a crime. The mechanism which allows prosecution of a child as an adult is referred to as “juvenile transfer,” because the juvenile court’s jurisdiction over the child is transferred to the adult criminal court. The article discusses how the juvenile transfer mechanism developed — both generally and in South Dakota — as well as how it operates today. The author summarizes research findings about the efficacy and fairness of juvenile transfer. Harsh criminal consequences for juveniles are increasingly disfavored as we learn …

"No Trespassing": Railroad Land Grants, The Right Of Exclusion, And The Origins Of Federal Forest Conservation, Sean Kammer

Faculty Publications

The Forest Management Act of 1897 established a management model for public lands that, for the most part, remains intact. It embodies a balancing of control and conservation of forest resources such as timber, minerals, and forage with provisions for the exploitation of those resources for private gain. This article explores the historical context in which this landmark legislation arose. It examines the role of large railroad companies, particularly those that received extensive land subsidies, in first challenging the long-standing custom of timber as an open-access resource in the American West. By enforcing their right of exclusion against timber trespassers …

The Taxation Of Gratuitous Services Gone Out Of "Control", Allen Madison

Faculty Publications

How does the IRS’s ruling that both parties to an exchange of services are subject to income tax apply in the dating context? When meeting, dating, living together, or potentially raising a child together, single people provide services for each other. Most are unaware that potential tax liability lurks behind their performance and receipt of services. This article proposes a framework for determining when a service is gratuitous and thus subject to income tax and then applies that framework to the four potential phases of singlehood. When a service received by an individual has value and occurs subject to the …

Book Review: Karen J. Renner, The 'Evil Child' In Literature, Film And Popular Culture, Thomas Simmons

Faculty Publications

No abstract provided.

Ricci V. Destefano: Lost At The Intersection, Cheryl I. Harris

Denver Law Review

No abstract provided.

Fair Use And The Faces Of Transformation, Part I, James Gibson

Law Faculty Publications

The recent Kienitz v. Sconnie Nation case has been the focus of three recent posts in this Intellectual Property Issues series – from me, Doug Lichtman, and Rod Smolla. In Kienitz, the defendant changed a photograph of the mayor of Madison, Wisconsin, into a stylized, high-contrast image, printed on t-shirts that mocked the mayor’s policies. The U.S Court of Appeals for the Seventh Circuit held that the new image constituted a fair use and therefore did not infringe the photograph’s copyright. (The original photo and the stylized version on the t-shirt can be seen here.) …

The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol N. Brown

Law Faculty Publications

This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, 1 specifically focusing on the Lucas nuisance exception. I surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. I identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts' findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.

"Why Won't My Homeowners Insurance Cover My Loss?": Reassessing Property Insurance Concurrent Causation Coverage Disputes, Peter N. Swisher

Law Faculty Publications

Property insurance coverage disputes can be extremely complex cases when there are multiple concurrent causes in a causal chain of events and when some of these concurrent causes are covered under the policy language but other concurrent causes are excluded from coverage. To complicate matters enormously, there are no fewer than three different judicial approaches attempting to resolve this concurrent causation interpretive conundrum. Over the past two decades, a number of property insurance companies have attempted to address this interpretive problem contractually by inserting so-called anti-concurrent causation clauses into their property insurance policy language. But these anti-concurrent causation clauses have …

Considering Patricia Millett For The D.C. Circuit, Carl W. Tobias

Law Faculty Publications

On June 4, Obama nominated three individuals: Patricia Millett, who has argued 32 Supreme Court appeals, Cornelia Pillard, who has won landmark High Court victories, and Robert Wilkins, who had served as a D.C. District Court judge for three years. The court’s allegedly smaller caseloads prompted Republicans to halt yes or no votes for all the nominees. But because well-qualified, moderate nominees warrant thorough consideration and final ballots, their Senate review deserves analysis, which this paper conducts by emphasizing Millett. It first surveys the nominee’s process and then shows how her evaluation concluded.

The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.

Richmond Public Interest Law Review

The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II …

The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine

Richmond Public Interest Law Review

This chapter examines the recent wave of laws aimed at enhancing teacher evaluation and accountability, and recommends strategies for moving forward in a way that holds greater promise for providing students with more equal and greater educational opportunities. First, this chapter provides a historical overview of the legal landscape governing the primary functions of the teacher workforce. Second, the major characteristics of this new wave of laws are examined. Third, the strengths and potential pitfalls entailed by these laws are analyzed in light of educational research. Finally, this chapter offers recommendations for improving teacher evaluation and accountability laws in a …

Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton

Richmond Public Interest Law Review

This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …

In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner

Richmond Public Interest Law Review

"In sight, it must be right" was the advertising slogan of a chain of hamburger restaurants that featured visible grills so customers could see the food being prepared, the assumption being that under customers' watchful eyes the burgers would be grilled properly. The Board of Veterans' Appeals ("Board") provides the final decision of the Department of Veterans Affairs ("VA") on a veteran claimant's entitlement to benefits, based on de novo review of a previous VA regional office determination. When in 1988 Congress provided in the Veterans Judicial Review Act for court review of agency decisions on veterans' claims for benefits, …

Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire

Richmond Public Interest Law Review

In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …

The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge

Richmond Public Interest Law Review

With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …

Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen

Richmond Public Interest Law Review

On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance. Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits. Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is unconstitutional, in …

University Of Baltimore Law Review Volume 43 Number 1 (Spring 2014) Front Matter

University of Baltimore Law Review

No abstract provided.

Copyright Termination And Technical Standards, Jorge L. Contreras, Andrew T. Hernacki

University of Baltimore Law Review

Technical standards, which enable products manufactured by different vendors to work together, form the basis of the modem technological infrastructure. Yet an obscure provision of the U.S. Copyright Act, enacted to allow authors and composers to profit from the later success of their works, now threatens to disrupt this critical technological ecosystem. Enacted in 1976, Section 203 of the Copyright Act permits the author of a copyrighted work to revoke any copyright license or assignment between thirty-five and forty years after the grant was made. For grants made in 1978, the first year to which Section 203 applies, terminations could …