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2014

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Articles 10441 - 10470 of 12633

Full-Text Articles in Law

The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge Jan 2014

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

Richmond Journal of Law and the Public Interest

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 …


An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul Jan 2014

An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul

Richmond Journal of Law and the Public Interest

The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …


Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun Jan 2014

Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun

Richmond Journal of Global Law & Business

No abstract provided.


The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr. Jan 2014

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

Richmond Journal of Law and the Public Interest

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 …


It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson Jan 2014

It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson

Richmond Journal of Law and the Public Interest

Public education in the United States is a big business. In the fall of 2011, more than 55.5 million students from kindergarten through 12th grade were expected to enroll in the nation's public schools at a total cost of $599,145,678,000. Though it is a service provided by local governments, its cost is borne by local, state, and, to a more limited extent, federal taxpayers. Providing public education is a massive undertaking and no one level of government can solely bear its cost. Governmental revenue sources, from which allocated shares of expense are presently borne, differ. Local funding is provided predominately …


The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine Jan 2014

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

Richmond Journal of Law and the Public Interest

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 Jan 2014

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

Richmond Journal of Law and the Public Interest

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 …


Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine Jan 2014

Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine

Richmond Journal of Law and the Public Interest

d it is good to be back here Friday to talk to this Veterans Law Symposium. The initial symposium on veterans law here at the law school and what an appropriate thing to do on an appropriate weekend as we get ready to celebrate Veteran's Day and I was honored to be asked to come and offer some thoughts. I want to talk about, just sort of current issues we are really grappling with, that are legal issues, in Congress, that might affect the practice that you would hope to do, that certainly affect the lives of our veterans and …


The First Attempt At Federalizing Tort Law And Why It Failed.", Ian J. Drake Jan 2014

The First Attempt At Federalizing Tort Law And Why It Failed.", Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

In the 1970s, the US Congress meticulously considered the possibility of creating a federal law of torts. The federal effort began almost a decade after many state supreme courts had expanded manufacturer liability for defective products. The state-level expansion caused a reaction among state and federal legislatures. The initial federal presence took the form of investigatory efforts, but those were soon followed by legislative proposals. The federal legislative proposals occurred simultaneously with some states' efforts to enact their own products liability laws. Although the states' tort laws might present variations on a theme, the possibilities for federal intervention in the …


The Collapsing Constitution, Michael D. Cicchini Jan 2014

The Collapsing Constitution, Michael D. Cicchini

Hofstra Law Review

No abstract provided.


Developing Capabilities, Not Entrepreneurs: A New Theory For Community Economic Development, Rashmi Dyal-Chand, James V. Rowan Jan 2014

Developing Capabilities, Not Entrepreneurs: A New Theory For Community Economic Development, Rashmi Dyal-Chand, James V. Rowan

Hofstra Law Review

This Article presents a contemporary and compelling American context in which entrepreneurship is not a good solution. Despite the enormous potential that entrepreneurship seems to hold for community economic development, it has thus far failed as a framework for widespread and reliable local economic development and poverty alleviation. The reasons for this failure are grounded both in theory and empirical data. This Article takes up the theoretical question. It examines why entrepreneurship theory is a weak foundation for the work of community economic development practitioners. Arguing that the important work of these practitioners is best understood and measured using a …


Copyright In The Expanded Field, Xiyin Tang Jan 2014

Copyright In The Expanded Field, Xiyin Tang

Hofstra Law Review

Intellectual property law and the art forms it is meant to protect are expanding. In our information age, artists hoping to assert their rights frequently assert a combination of trademark, copyright, and right of publicity or moral rights claims in order to maximize their chances of success. This Article looks beyond IP law to some of its more unlikely complements — tort and property law — as a viable means of redress for artists who may be ineligible for copyright protection. Specifically, recent cases involving a specific form of hybrid art — land art, or “site specific art” — have …


Show Me The Mediation!: Introducing Mediation Prior To Salary Arbitration In Major League Baseball, Sam B. Smith Jan 2014

Show Me The Mediation!: Introducing Mediation Prior To Salary Arbitration In Major League Baseball, Sam B. Smith

Hofstra Law Review

No abstract provided.


Regulation, Prohibition, And Overcriminalization: The Proper And Improper Uses Of The Criminal Law, Paul J. Larkin, Jr. Jan 2014

Regulation, Prohibition, And Overcriminalization: The Proper And Improper Uses Of The Criminal Law, Paul J. Larkin, Jr.

Hofstra Law Review

The function of the criminal law is to effectively enforce the moral code that every person knows by heart — to enforce the minimum substantive content of the social compact by bringing the full moral authority of government to bear on violators. By contrast, the function of the regulatory system is to efficiently manage components of the national economy using civil rules, rewards, and penalties to incentivize desirable behavior without casting aspersions on violations attributable to ignorance or explanations other than defiance. Treating regulatory crimes as if they were no different than “street crimes” ignores the profound difference between the …


Front Matter Jan 2014

Front Matter

Hofstra Law Review

No abstract provided.


A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John Yoo Jan 2014

A Return To Coercion: International Law And New Weapon Technologies, Jeremy Rabkin, John Yoo

Hofstra Law Review

In recent years, the U.S. has threatened air strikes against Syria and insisted on the possibility of air strikes against Iran, in both cases to deter development of weapons of mass destruction. Such threats represent a return to the idea that international law allows states to impose punitive measures by force. Most academic specialists claim that the UN Charter only authorizes force in immediate self-defense. Many commentators embrace the related doctrine that lawful force can only be exercised against the opposing military force. But there remains more logic in the older view, that international law authorizes force for a wider …


Repealing Physician-Only Laws: Undoing The Burden Of Gestational Age Limits, Ada Kozicz Jan 2014

Repealing Physician-Only Laws: Undoing The Burden Of Gestational Age Limits, Ada Kozicz

Hofstra Law Review

The article discusses a proposal to undo the burden of gestational age limits in state abortion laws in America by repealing physician-only laws, and it mentions the possible establishment of an undue burden legal standard, as well as information about several abortion-related legal cases such as Roe v. Wade and Planned Parenthood of Southern Pennsylvania v. Casey. U.S. constitutional laws and bans on abortion are examined, as well as the qualifications of non-physician clinicians.


End Matter Jan 2014

End Matter

Hofstra Law Review

No abstract provided.


Making Gun Offender Registries Available To The Public: A Safety Practice Or Target Practice, Aaron Zucker Jan 2014

Making Gun Offender Registries Available To The Public: A Safety Practice Or Target Practice, Aaron Zucker

Hofstra Law Review

The article discusses the structure and purpose of America's gun offender registry as of 2014, and it mentions public safety in the country, the development of a sex offender registry in the U.S., and the nation's criminal laws. According to the article, criminal registries were made available to the public in 1996 with the purpose of promoting public awareness and protection. Gun control and firearms laws in the U.S. are examined, along with the history of criminal registries in America.


Human Rights, Freedom Of Expression, And The Rise Of The Silver Screen, Lawrence M. Friedman Jan 2014

Human Rights, Freedom Of Expression, And The Rise Of The Silver Screen, Lawrence M. Friedman

Hofstra Law Review

The article discusses human rights and the rule of law in America in relation to a freedom of expression right involving exhibitions and presentations of motion pictures. Historical sociology is addressed, along with the concept of absolute equality involving genders, races, and ethic groups. American constitutional rights are examined, along with the United Nations General Assembly's Universal Declaration of Human Rights and the films "The James Boys in Missouri" and "The Night Riders."


Regulating In The Dark And A Postscript Assessment Of The Iron Law Of Financial Regulation, Roberta Romano Jan 2014

Regulating In The Dark And A Postscript Assessment Of The Iron Law Of Financial Regulation, Roberta Romano

Hofstra Law Review

The article discusses several aspects of America's financial regulations as of 2014, and it mentions the U.S. Congress, the process of regulating during a financial crisis, and statutes such as the U.S. Sarbanes-Oxley Act of 2002 and the nation's Dodd-Frank Wall Street Reform and Consumer Protection Act. Systemic risk and the global financial system are examined, along with the bribery provisions of the U.S. Foreign Corrupt Practices Act of 1977.


End Matter Jan 2014

End Matter

Hofstra Law Review

No abstract provided.


Virtual Economics Virtually Unregulated: How Clear Taxpayer Guidance Can Mitigate Tax Compliance Risks, Jeffrey Anand Jan 2014

Virtual Economics Virtually Unregulated: How Clear Taxpayer Guidance Can Mitigate Tax Compliance Risks, Jeffrey Anand

Hofstra Law Review

The article discusses the regulation of virtual economies and the author's claim that clear taxpayer guidance can mitigate the tax compliance risks as of 2014. America's national debt is addressed, along with government revenue in the country and noncompliance with the U.S. Internal Revenue Code. Virtual currencies such as Bitcoin are examined, along with tax havens and the country's Internal Revenue Service (IRS). Recommendations from the U.S. Government Accountability Office are assessed.


The Merging Of Black And Gray: International Copyright Infringement In The Post-Kirtsaeng Era, Addie T. Katz Jan 2014

The Merging Of Black And Gray: International Copyright Infringement In The Post-Kirtsaeng Era, Addie T. Katz

Hofstra Law Review

The article discusses several aspects of international copyright infringement in the wake of the U.S. Supreme Court's ruling in the 2013 copyright infringement case Kirtsaeng v. John Wiley & Sons Inc. which deals with a student-run business which sold imported foreign-made textbooks to customers in America. Intellectual property rights in places such as the U.S. are examined, along with the laws governing gray market goods and the responsibilities of U.S. Customs and Border Protection agency.


The M Word, Tamara L. Kuennen Jan 2014

The M Word, Tamara L. Kuennen

Hofstra Law Review

No abstract provided.


The Knowledge Police, David Orozco Jan 2014

The Knowledge Police, David Orozco

Hofstra Law Review

This article provides an in depth analysis and critique of the Office of the Intellectual Property Enforcement Coordinator’s (IPEC’s) efforts to date. This is an important subject since the IPEC has, under the Pro-IP Act, a mandate to serve as an effective interagency coordinator and strategic advisor to the Legislature and the President in all areas related to intellectual property enforcement. Intellectual property enforcement has risen to the highest levels of policy making, and national public discourse. As discussed in this article, the IPEC has failed to adequately coordinate the various federal agencies that have overlapping authority in this area. …


Legal Osmosis: The Role Of Brain Science In Protecting Adolescents, Cheryl B. Preston, Brandon T. Crowther Jan 2014

Legal Osmosis: The Role Of Brain Science In Protecting Adolescents, Cheryl B. Preston, Brandon T. Crowther

Hofstra Law Review

In the last decade, the Supreme Court relied on scientific findings presented in amicus curiae briefs filed by various medical and psychological organizations and health professionals in three juvenile justice cases, Roper v. Simmons, Graham v. Florida, and Miller v. Alabama. Theresearch showed that the structure and function of adolescent brains are distinct from those of adults, which supports the position that adolescents, as a class, are generally immature in three separate, but related, ways. First, adolescents are more likely to engage in risky behavior than adults; second, adolescents are less able to control their impulses than adults; and finally, …


Undocumented Workers, The National Labor Relations Act, And The Immigration Reform And Control Act: Irreconcilable Differences Or A Match Made In Legal Heaven?, James Meehan Jan 2014

Undocumented Workers, The National Labor Relations Act, And The Immigration Reform And Control Act: Irreconcilable Differences Or A Match Made In Legal Heaven?, James Meehan

Hofstra Law Review

No abstract provided.


Front Matter Jan 2014

Front Matter

Hofstra Law Review

No abstract provided.


Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer Jan 2014

Confronting Chaos: The Fiscal Constitution Faces Federal Shutdowns And (Almost) Debt Defaults, Charles Tiefer

Hofstra Law Review

No abstract provided.