Law Commons^™

Sports Law In Law Reviews And Journals, Krista D. Brown

Marquette Sports Law Review

None.

2014 Master Of The Game Award Acceptance Speech, Martin J. Greenberg

Marquette Sports Law Review

No abstract provided.

The Changing Practice Of Law And Law Schools: Why Would Anyone Go To Law School Today?, Barry Vickrey

Faculty Publications

No abstract provided.

Disability Discrimination In The Form Of Ad Hoc Examinations, Thomas Simmons

Faculty Publications

The 1990 Americans with Disabilities Act (ADA), alongside the Nebraska Fair Employment Practice Act (FEPA), prohibit discrimination against employees on the basis of disability. One of the lesser examined provisions of the twin acts presumes that employer-mandated medical examinations of individuals with disabilities amount to unlawful discrimination unless the employer can demonstrate a business necessity. The precise elements of a business necessity defense were articulated and explicated by the Nebraska Supreme Court in the recently decided case of Arens v. NEBCO, Inc.

Deploying The Common Law To Quasi-Marxist Property On Mars, Thomas Simmons

Faculty Publications

If and when the first human settlement arrives on Mars, it may be with the intention of staying on permanently. Progress and the spirit of adventure being what they are, the first group of settlers may be joined some time thereafter by a second. In anticipation of two groups of settlers on Mars who may compete over scarce suitable landscapes for sustaining the basic human needs of oxygen, energy, water, shelter and food, a framework of private property rights is necessary. In crafting possible frameworks, the 1967 Outer Space Treaty’s (OST) governing provisions regarding property law must be considered. Existing …

Medicaid As Coverture, Thomas Simmons

Faculty Publications

No abstract provided.

Who Owns The Athlete? The Application Of The Transformative Use Test In The Right Of Publicity Context, Allison Hollows

Seton Hall Law Review

No abstract provided.

Brief For Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Respondent Edith Windsor Addressing The Merits And Supporting Affirmance, J. Robert Brown Jr., Catherine E. Smith, Kyle C. Velte, Susannah William Pollvogt, Tanya Washington

Sturm College of Law: Faculty Scholarship

This amicus brief filed by Scholars of the Constitutional Rights of Children turns the spotlight on children in same-sex families. The brief enumerates the ways Section 3 of DOMA impairs children's interests by denying federal recognition of their parents' marriages.

Comment On “Groove Is In The Hart”: A Workable Solution For Applying The Right Of Publicity To Video Games, Christopher B. Seaman

Washington and Lee Law Review

No abstract provided.

Brief Of Amici Curiae Scholars Of The Constitutional Rights Of Children In Support Of Petitioners In Obergefell V. Hodges, Catherine E. Smith, Lauren Fontana, Susannah William Pollvogt, Tanya Washington

Sturm College of Law: Faculty Scholarship

Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage.

This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because …

Smoking Out Forest Fire Management: Lifting The Haze Of An Unaccountable Congress And Lighting Up A New Law Of Fire, Ashley Hoffman, Sean Kammer

Faculty Publications

No abstract provided.

Testamentary Incapacity, Undue Influence, And Insane Delusions, Thomas Simmons

Faculty Publications

Testamentary incapacity, undue influence, and insane delusions are recurring doctrines in the context of an impaired, weakened, or confused individual leaving a will, the validity of which comes under question. In the case of In re Estate of Berg the South Dakota Supreme Court, in 2010, held that an individual possessed testamentary capacity even where he suffered a static lifelong delusion about the identity of his father and was unable to articulate an accurate estimate of his net worth. This article uses Berg as a means of framing the requirements of a valid Last Will and Testament along with the …

The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, Thomas Simmons

Faculty Publications

With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of any agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent's authority. The remaining powers should be construed and mapped …

The Law In Nazi Germany: Ideology, Opportunities And The Perversion Of Justice (Book Review), Thomas Simmons

Faculty Publications

Review of the book: The Law in Nazi Germany: Ideology, Opportunities and the Perversion of Justice (Alan E. Steinweis & Robert D. Rachlin eds., 2013).

Book Review: Robert Kolb, The International Court Of Justice, Chiara Giorgetti

Law Faculty Publications

Robert Kolb's The International Court of Justice is a monumental tribute to the enormous historical and legal contributions of the International Court of Justice (ICJ) and its predecessor. the Permanent Court of International Justice (PCIJ), as well as an excellent resource about the complex procedural provisions of both institutions. Kolb, a professor of public international law at the University of Geneva, wrote the original version in French (La Cour internntionale de justice (published by Pedone in 2013)), and he slightly updated it for the English version reviewed here. Alan Perry, solicitor of The Senior Courts of England and Wales, translated …

The Common Law Right To Information, Joe Regalia

Richmond Public Interest Law Review

A once-thriving doctrine, today the common law right to information has been largely forgotten by U.S. courts at both the state and federal level. But courts have not paused to question whether the common law right still has a role to play in modern litigation. One reason may be the dearth of case law explaining the common law right's operation. Another may be that courts believe this doctrine has been eradicated by the advent of freedom of information laws. This article first brings together the disparate authority on the common law right in an attempt to pin down the precise …

Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein

Richmond Public Interest Law Review

In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …

Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.

Richmond Public Interest Law Review

In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …

Content-Based Confusion And Panhandling: Muddling A Weathered First Amendment Doctrine Takes Its Toll On Society's Less Fortunate, Clay Calvert

Richmond Public Interest Law Review

This article examines multiple problems now plaguing the fundamental dichotomy in First Amendment jurisprudence between content-based and content-neutral regulations of speech. The troubles were highlighted by the U.S. Supreme Court's 2014 divided decision in McCullen v. Coakley. Building from McCullen, this article uses a quartet of federal court rulings from 2014 and 2013 involving anti-begging ordinances affecting the homeless as analytical springboards for examining these issues in depth. Ultimately, the article proposes a three-step framework for mitigating the muddle and calls on the nation's high court to take action to clarify the proper test for distinguishing between content-based and content-neutral …

Gender Equity In The 21st Century: Keynote Address, Chai Feldblum

Richmond Public Interest Law Review

You have heard a lot this morning about the need in 1964 for Congress to enact prohibitions against discrimination on the basis of race, national origin and religion. I am going to use my time, therefore, to talk about gender equity: the addition of the sex discrimination prohibition in Title VII, the advances that have occurred since passage of that law, and the miles that we still have to go to achieve full gender equity.

Modern Sappers And Miners: The Rehnquist And Roberts Courts And The Civil Rights Act Of 1964, Jonathan K. Stubbs

Richmond Public Interest Law Review

this article is organized as follows. To orient readers on what is at stake, Section I provides a brief overview of the substantive provisions of the Civil Rights Act of 1964. Section II considers reasons why the Act was premised on Congress' Commerce Clause authority rather than the enforcement power that the Constitution confers upon Congress under the Thirteenth and Fourteenth Amendments. Section III evaluates several recent Supreme Court decisions that give the Commerce Clause a restrictive interpretation. For illustrative purposes, this section explores the impact on Title Two of the Act. Finally, the article closes with a few observations …

To End Divisions: Reflections On The Civil Rights Act Of 1964, Dr. Julian Maxwell Hayter

Richmond Public Interest Law Review

By focusing on a number of the CRA's key titles - without belittling the act's importance to Latinos, women, et al.- this commentary illustrates how the act moved beyond eliminating segregation; it addresses how the racial climate of the early 1960s shaped public policy. Broadly, the Civil Rights Act of 1964 sought to change the balance of racial (and genderbased) power in the America by using federal law to finally protect African Americans' right to live equal lives. After 1964, for the first time since Reconstruction, race was national policy agenda. This agenda and the Civil Rights Act of 1964 …

Public Hazard, Personal Peril: The Impact Of Non-Governmental Organizations In The Environmental Justice Movement, Andrea Y. Simpson

Richmond Public Interest Law Review

This article argues that the local emphasis of what I call micromovements that form the larger Environmental Justice Movement could gain more traction from relationships with Non-Governmental Organizations. Such partnerships are emerging on a national level; however, since the localized movements communicate with, but are not partners with, national organizations such as the National Black Environmental Network, it is unclear how such partnerships add value to the activities of local groups. Moreover, some partnerships are forged for the organization of a specific event such as a conference or working group study Part II of this article discusses an overview of …

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, Mark Obesnshain

Richmond Public Interest Law Review

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.

What Role For Civility?, Bob Gibson

Richmond Public Interest Law Review

Every year recently, Virginians bemoan a loss of civility in a political arena that seems more callous, combative and partisan, less productive and turning churlish. Many view politics in Washington as hopelessly lost into gridlock and cycles of inaction, inattention to serious issues and retribution. Virginians hope that politics at the state level has not sunk as far.

What has happened to trust, civility, and respect in politics as it relates to this past General Assembly session?

Masthead, Volume 24 (2014)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Oliver C. Schroeder, Jr. Scholar-In-Residence Lecture -- Rationing Vs. Reengineering: The 21st Century Challenge For American Health Care, David Blumenthal

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Privacy Vs. Progress: Research Exceptionalism Is Bad Medicine, Suzanne M. Rivera

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Crossing 138: Two Approaches To Churn Under The Affordable Care Act, Gabriel Ravel, J. Angelo Desantis

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Mandatory School-Based Mental Health Services And The Prevention Of School Violence, Tessa Heller

Health Matrix: The Journal of Law-Medicine

No abstract provided.