Law Commons^™

Evaluating Trickle Down Charity, Matthew Rossman

Faculty Publications

As our nation's philanthropic sector becomes more entrepreneurial, ambitious and influenced by the private sector, longstanding legal standards on what constitutes “charity” struggle to stay relevant. More and more often, organizations that seek classification by the Internal Revenue Service as a Section 501(c)(3) charity (and the substantial public subsidy that this status unlocks) are not the soup kitchens and homeless shelters of yesteryear, but highly sophisticated ventures which accomplish their missions in ways that are less obviously charitable. In no case is this more true than in the recent widespread emergence of nonprofit organizations whose primary activity is providing direct …

The Tiley Trilogy And U.S. Anti-Avoidance Law, Erik M. Jensen

Faculty Publications

This article examines an influential set of articles, written by Professor John Tiley in the late 1980s, about anti-avoidance doctrines developed by US courts. The trilogy of articles was written for a British audience, as part of Tiley’s efforts to resist importation of US doctrines (“bleeding chunks of alien doctrine,” as he put it) into the UK, but his ideas remain relevant to tax theorists in all countries, including the US. The article also examines the work of the Aaronson Committee, of which Tiley was a member, which successfully recommended in 2011 that the UK adopt a general anti-avoidance rule …

The Right To Try: Expanded Access For The Terminally Ill In Clinical Trials, Nina Nicole Pappas

Student Works

No abstract provided.

The Three Waves Of Married Women's Property Acts In The Nineteenth Century With A Focus On Mississippi, New York And Oregon, Joseph A. Custer

Faculty Publications

This paper concentrates on three states that enacted married women's property acts during the nineteenth century: Mississippi, New York, and Oregon. Each state, starting with Mississippi, enacted acts that reflect a different wave. While Chused's indexing and classification schema have been groundbreaking and extremely helpful in providing order and a basic understanding of what types of married women's property acts were passed and when in the nineteenth century, in my opinion he did not clearly provide any underlying explanation or "why" for the passage of the acts.

This is not taking anything away from Chusad's substantial contribution, but does present …

The Breach Of The Common Law Trust Relationship Between The United States And African Americans – A Substantive Right To Reparations, Ayesha Bell Hardaway

Faculty Publications

Domination and elaborate control of Africans in colonial America, and later the United States, were exerted to provide the requisite framework for the economically profitable Trans-Atlantic slave trade. Proponents of slavery characterized the aims of slavery in pseudo-paternalistic terms to “train” and “civilize[e] the untutored savage.” Even after the formal end of slavery, the U.S. and local governments continued to exercise its domination and elaborate control by enforcing a national system of racial segregation and discrimination. That system of government-sanctioned laws was so pervasive and commonly accepted that it has been personified as “Jim Crow.” As a result, racial hierarchy …

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes

Journal Publications

No abstract provided.

Opening Borders: African Americans And Latinos Through The Lens Of Immigration, Maritza I. Reyes

Journal Publications

African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in office, his executive policy of granting temporary protection to DREAMers solidified his lead among Latino voters in 2012. Both elections showed the power that minority groups can exert when they vote in support of the candidate. If the demographic changes continue as currently estimated, African Americans and Latinos will contribute in large …

"We Buy Houses": Market Heroes Or Criminals?, Cori Harvey

Journal Publications

The residential sale/leaseback/buyback transaction is a socially beneficial foreclosure rescue transaction that is being regulated increasingly by the criminal courts to the detriment of the homeowners, investors, and society at large. Because the transaction is being regulated more aggressively with the criminal law, peculiar outcomes arise, which include investors being sentenced, in some cases, to draconian sentences --a trend that will eviscerate the transactions rather than improving them.

In calling for a retreat from that position, this Article makes both descriptive and prescriptive claims. The first descriptive claim is that the transaction is a beneficial one and that it has …

There Oughta Be A Law—A Model Law, Mary Whisner

Librarians' Articles

Uniform and model laws are frequently proposed to standardize “what the law is or should be” for specific jurisdictions. These model acts can come from national or international drafting organizations, such as the Uniform Law Commission, or from interest groups or associations that want to promote specific policies. Ms. Whisner provides an overview of the various types of model laws that researchers should know about.

The 4-1-1 On Lawyer Directories, Mary Whisner

Librarians' Articles

Directories listing biographical and contact information for attorneys have been a publishing mainstay for more than one hundred years. They are used for marketing, as well as historical and genealogical research. However, technology is changing the way attorneys advertise, and Ms. Whisner looks at the current state of lawyer directories and their usage.

Getting To Know Fastcase, Mary Whisner

Librarians' Articles

Librarians must learn how to use databases on a regular basis. The databases may be new, or they may be well-established ones that librarians haven’t used before. Ms. Whisner examines Fastcase, an online system that recently entered into a cooperative agreement with HeinOnline, and discovers some lessons about how she learns new databases.

Race And The Reference Librarian, Mary Whisner

Librarians' Articles

Ms. Whisner examines how race arises in the day-to-day work of law librarians, and discusses how law librarians can foster cultural competence and create more welcoming environments in diverse institutions.

Post-Racial Proxy Battles Over Immigration, Mary D. Fan

Chapters in Books

Amid economic and political turmoil, anti-immigrant legislation has flared again among a handful of fiercely determined states. To justify the intrusion into national immigration enforcement, the dissident states invoke imagery of invading hordes of “illegals”—though the unauthorized population actually fell by nearly two-thirds, decreasing by about a million people, between 2007 and 2009 as the recession reduced the lure of jobs.

Arizona’s Senate Bill 1070—recently invalidated in part by the U.S. Supreme Court in Arizona v. United States—led the charge. By preelection-year summer 2011, several states enacted laws patterned after Arizona’s controversial Senate Bill 1070, including Alabama’s even more aggressive …

Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan

Richmond Public Interest Law Review

In the wake of the highly publicized Virginia Tech tragedy, the 2008 General Assembly Session adopted mental health reforms that focused on the provision of emergency services during the detention and commitment process, and an increase in funding to implement these reforms and strengthen emergency services. Despite the reforms, the issue of inadequate capacity to meet the increasing demand for mental health services remains in a number of key areas, including emergency services and a decline in in-patient psychiatric bed capacity while population growth continues.

Citizens United, States Divided: An Empirical Analysis Of Independent Political Spending, Douglas M. Spencer, Abby Wood

Indiana Law Journal

What effect has Citizens United v. FEC had on independent spending in American politics? Previous attempts to answer this question have focused solely on federal elections, where there is no baseline for comparing changes in spending behavior. We overcome this limitation by examining the effects of Citizens United as a natural experiment on the states. Before Citizens United, about half of the states banned corporate independent expenditures and thus were “treated” by the Supreme Court’s decision, which invalidated these state laws. We rely on recently released state-level data to compare spending in “treated” states to spending in the “control” states, …

“What He Said.” The Transformative Potential Of The Use Of Copyrighted Content In Political Campaigns —Or— How A Win For Mitt Romney Might Have Been A Victory For Free Speech, Deidre Keller

Journal Publications

In January 2012 Mitt Romney’s campaign received a cease-and-desist letter charging, among other things, that its use of news footage concerning Newt Gingrich’s ethics problems in the House of Representatives constituted a violation of NBC’s copyright. This is just the latest such charge and came amidst similar allegations against the Gingrich and Bachmann campaigns and in the wake of similar allegations against both the McCain and Obama campaigns in 2008. Such allegations have plagued political campaigns as far back as Reagan’s in 1984. The existing literature is nearly devoid of a consideration of such uses as political speech protected by …

Sex Trafficking Laws In East Tennessee, Cheryl Page

Journal Publications

There was a time in U.S. history when opponents of the trans-Atlantic slave trade had to convince the watching world that slavery was horrid and against the laws of humanity. Today, modern-day abolitionists are attempting to make a sleeping world aware that slavery still exists. There are approximately 27 million people currently enslaved in the world today. It is a problem that our own community cannot ignore, because slavery exists in East Tennessee and is thriving. Slavery in East Tennessee takes the form of sex trafficking, in which women and children are bought and sold as property for the sexual …

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Journal Publications

Lawyers have long been recognized as being necessary in the effective functioning of an ordered society in roles as both officers of the court and, more broadly, as officers of the system of justice. In 2014, the ABA Task Force on the Future of Legal Education report noted that "[s]ociety has a deep interest in the competence of lawyers, in their availability to serve society and clients, in the broad public role they can play, and in their professional values." Values such as those noted in the Model Rules of Professional Conduct (advisor, counselor, and advocate) are instrumental in the …

"We Buy Houses": A Foreclosure Rescue As The Solution To The Trapped Homeowner Equity Problem, Cori Harvey

Journal Publications

Foreclosure rescue transactions are viewed widely as scams designed, among other things, to dupe poor, minority, and elderly homeowners out of the equity in their homes. However, foreclosure rescue transactions come in many forms and, as an alternative to foreclosure, often maintain valuable options for homeowners that the homeowners otherwise would lose in the traditional foreclosure process. For this reason, many of these transactions, though imperfect, should be preserved and supported.

This Article introduces one such foreclosure rescue transaction, the residential sale/leaseback/buyback ("RSLB") transaction, into the legal literature from the perspective of the rescue investors. A basic RSLB transaction allows …

Class Of 2015-2017, University Of Richmond

Class Photos 1998-Current

This facebook, created for the 2014-2015 school year, contains photos of the Class of 2015, Class of 2016, and Class of 2017.

The Diy Digital Exhibition Experience At Tarrant County College, Ayyoub Ajmi

Faculty Works

The Northeast Campus Library of Tarrant County College District in Texas used a Title III Grant to support an innovative project consisting of repurposing old laptops as digital exhibition platforms available to students, faculty and staff. A small number of the frames are used for library promotion displaying FAQs, new acquisitions, and events. The rest of the digital frames are used for exhibition purposes. The project’s mission is to promote student success by increasing library attendance, promote the use of library services by building dynamic and long-term partnerships with other departments, and provide exposure and recognition to students, faculty and …

Patent Eligibility Post-Myriad: Reinvigorated Judicial Wildcard Of Uncertain Effect, Christopher M. Holman

Faculty Works

In the 1970s and early 1980s the US Supreme Court issued several landmark decisions establishing the contours of patent eligibility, a judicially created doctrine that serves as a gatekeeper to prevent the patenting of subject matter deemed so fundamental as to be better left unpatented. Over the course of the next 25 years the Court of Appeals of the Federal Circuit oversaw a progressive expansion in the scope subject matter deemed patent eligible, highlighted by the adoption in the 1990’s of a “useful, concrete and tangible” test for patent eligibility that for all practical purposes seemed to subsume the patent …

Mayo, Myriad, And The Future Of Innovation In Molecular Diagnostics And Personalized Medicine, Christopher M. Holman

Faculty Works

Contrary to popular perception, the Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc., finding certain patent claims reciting isolated genomic DNA molecules patent ineligible is likely to have a relatively minor impact on the patenting of diagnostics and personalized medicine. Method claims generally play a much more important role than isolated DNA claims in the patenting of innovations in this important technological sector, and the Court’s earlier decision in Mayo v. Prometheus Labs that held claims directed towards non-genetic methods of personalized medicine to be patent ineligible will likely prove significantly more problematic in this …

Book Review: Lawless Capitalism: The Subprime Crisis And The Case For An Economic Rule Of Law, William K. Black

Faculty Works

No abstract provided.

Cultural Imaginary, The Rule Of Law, And (Post-) Colonialism In Indonesia: Perspectives From Pramoedya Ananta Toer's This Earth Of Mankind, Jeffrey E. Thomas

Faculty Works

This article focuses on culture and rule of law in Indonesia, which provides an excellent case study in colonialism and post-colonialism. The colonial heritage of Indonesia goes back to the early 1500’s until independence was declared in August 1945. This Earth of Mankind by Pramoedya Ananta Toer is an appropriate text because it concerns the struggle of a Native Indonesian with various colonial institutions at the turn of the 19th Century through the eyes of an author who lived through colonial rule, Japanese occupation, and liberation. This article begins with a framework for analysis of the cultural imaginary based on …

Report: The Need To Renew Tria Aba Tips Task Force On Federal Involvement In Insurance Regulation Modernization, Jeffrey E. Thomas

Faculty Works

This Report support’s the position by the ABA TIPS Task Force on Federal Involvement in Insurance Regulation Modernization that the Terrorism Risk Insurance Act (TRIA) should be renewed. Although the market for terrorism insurance has developed with the support of TRIA, the fundamental nature of terrorism risk has not changed and continues to require the Federal backstop. Because of the unpredictability of terrorism risk, without a Federal backstop many insurers will withdraw from the terrorism market, the price of terrorism insurance will rise and take-up rates will fall. Other countries facing terrorism risk, in some cases substantially less risk than …

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Masthead, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Luke J. Rosseel

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.