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2017

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Articles 1 - 28 of 28

Full-Text Articles in Law

The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr. Nov 2017

The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2017

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant recent developments in the laws

affecting Virginia state and local taxation. Each section covers

legislative activity, judicial decisions, and selected opinions or

pronouncements from the Virginia Tax Department (the "Tax

Department") and the Virginia Attorney General over the past

year.


The Role Of Strategy In The Progressive Development Of The State, S. Adilxodjaeva Oct 2017

The Role Of Strategy In The Progressive Development Of The State, S. Adilxodjaeva

Review of law sciences

the article substantiates the need for a strategy for the progressive development of the state. The author defines the «strategy of the state» and characterizes this category, linking it to the functions and goals of the state.


Theoretical And Methodological Aspects Of The Institution Of Public Control, M. Najimov Oct 2017

Theoretical And Methodological Aspects Of The Institution Of Public Control, M. Najimov

Review of law sciences

The theoretical-methodological aspects of concept of public control, purpose, functions, and principles are analyzed in the article. The issues connected with the role and importance of civil society in implementing public control are lightened. In addition, the scientists’ approaches to the notion of public control are analyzed and proven definition is worked out.


The Right To Vote Under Local Law, Joshua A. Douglas Sep 2017

The Right To Vote Under Local Law, Joshua A. Douglas

Joshua A. Douglas

A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or state law and omits any discussion of the third category. This Article—the first to explore in depth the local right to vote—completes the trilogy. Cities and towns across the country are expanding the right to vote in municipal elections to include sixteen- and seventeen-year-olds, noncitizens, nonresident property owners, and others. Berkeley ...


Trending @ Rwu Law: Michael Bowden's Post: How Law School Gives Politicians A "Running Start" 09-08-2017, Michael Bowden Sep 2017

Trending @ Rwu Law: Michael Bowden's Post: How Law School Gives Politicians A "Running Start" 09-08-2017, Michael Bowden

Law School Blogs

No abstract provided.


Law Library Blog (September 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2017

Law Library Blog (September 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Right To Vote Under Local Law, Joshua A. Douglas Jul 2017

The Right To Vote Under Local Law, Joshua A. Douglas

Law Faculty Scholarly Articles

A complete analysis of the right to vote requires at least three levels of inquiry: the U.S. Constitution and federal law, state constitutions and state law, and local laws that confer voting rights for municipal elections. But most voting rights scholarship focuses on only federal or state law and omits any discussion of the third category. This Article—the first to explore in depth the local right to vote—completes the trilogy. Cities and towns across the country are expanding the right to vote in municipal elections to include sixteen- and seventeen-year-olds, noncitizens, nonresident property owners, and others. Berkeley ...


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Equitable Resale Royalties, Brian L. Frye Jun 2017

Equitable Resale Royalties, Brian L. Frye

Brian L. Frye

A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held ...


Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler Jun 2017

Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler

Seattle University Law Review

Under federal law, the CDA has created a loophole for pimps and johns to exploit minors through the Internet. This Note uses Backpage as an example of how interactive computer services consistently evade liability under the current language of the CDA, and examines the need for an amendment to the language of the CDA. This Note argues that an interactive computer service should be held responsible under state law if it helps create the content, thus becoming an “information content provider” under the CDA. Part I provides the groundwork for what sex trafficking is and its relationship to prostitution. Additionally ...


Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler Jun 2017

Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler

Seattle University Law Review

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal ...


Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky Jun 2017

Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky Jun 2017

Dialogue On State Action, Martin A. Schwartz, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan May 2017

Newsroom: Donald Trump Vs. Roger Williams 05-09-2017, David Logan

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan May 2017

Rwu First Amendment Blog: David A. Logan's Blog: Donald Trump Vs. Roger Williams 05-08-2017, David A. Logan

Law School Blogs

No abstract provided.


Drawing Lines Of Sovereignty: State Habeas Doctrine And The Substance Of States' Rights In Confederate Conscription Cases, Withrop Rutherford May 2017

Drawing Lines Of Sovereignty: State Habeas Doctrine And The Substance Of States' Rights In Confederate Conscription Cases, Withrop Rutherford

University of Richmond Law Review

No abstract provided.


Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz Apr 2017

Trending @ Rwu Law: Raquel Ortiz's Post: Deepening Connections Between Rwu Law And The State Bench And Bar: Library Edition 04-27-2017, Raquel Ortiz

Law School Blogs

No abstract provided.


It’S Probable: Missouri Constitution Article I, Section 15 Requires A Higher Standard To Obtain A Warrant For Real-Time Or Prospective Csli, Aaron Hadlow Apr 2017

It’S Probable: Missouri Constitution Article I, Section 15 Requires A Higher Standard To Obtain A Warrant For Real-Time Or Prospective Csli, Aaron Hadlow

Missouri Law Review

The scope of this Note primarily deals with issues surrounding real-time CSLI, although the issues implicated by article I, section 15 of the Missouri Constitution could apply to historic CSLI as well. Part II of this Note discusses general principles of Fourth Amendment law and the Supreme Court’s treatment of searches and seizures in relation to electronic communications and data. It then discusses the statutory developments empowering law enforcement to use emerging technologies for surveillance purposes. Part III discusses recent developments in search and seizure law. It then discusses Missouri’s recent amendment to its constitution, which provides additional ...


Equitable Resale Royalties, Brian L. Frye Apr 2017

Equitable Resale Royalties, Brian L. Frye

Law Faculty Scholarly Articles

A “resale royalty right” or droit de suite(resale right) is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. The Berne Convention for the Protection of Literary and Artistic Works and the Tunis Model Law on Copyright for Developing Countries provide for an optional resale royalty right. Many countries have created a resale royalty right, although the particulars of the right differ from country to country. But the United States has repeatedly declined to create a federal resale royalty right, and a federal court recently held ...


"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox Mar 2017

"I Want My File": Surveillance Data, Minimization, And Historical Accountability, Douglas Cox

University of Richmond Law Review

No abstract provided.


The Case For Federal Pre-Emption Of State Blue Sky Laws, Rutheford B. Campbell Jr. Mar 2017

The Case For Federal Pre-Emption Of State Blue Sky Laws, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

State blue sky laws—state laws that regulate a company’s offer and sale of securities—are a substantial barrier to businesses’ efficient access to external capital. The registration provisions in state blue sky laws have been especially harmful to small businesses, a vital component of our economy that may account for 30% of the nation’s employment. The costs associated with complying with more than fifty separate and independent obligations to register securities often exceed what small businesses can pay and thus may foreclose small businesses from the capital market. At the same time, requiring small businesses to comply ...


Tax Cannibalization And Fiscal Federalism In The United States, David Gamage, Darien Shanske Feb 2017

Tax Cannibalization And Fiscal Federalism In The United States, David Gamage, Darien Shanske

Northwestern University Law Review

We began this project pondering a riddle. Most state governments have adopted what we—and many others—view as clearly suboptimal tax policies, especially in regard to the taxation of corporate income and capital gains. Yet, with the notable exception of those who oppose progressivity and the taxation of capital, state-level tax policymakers have had remarkably little appetite for reform. This Article provides one major explanation for this riddle by identifying and demonstrating a phenomenon that we label as “tax cannibalization.” We argue that flawed state-level tax policies derive in part from perverse incentives inadvertently created by the federal government.


Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein Jan 2017

Rwu First Amendment Blog: Jared A. Goldstein's Blog: Trump's Order Violates Bedrock Principles Of Roger Williams And Ri 01-30-2017, Jared A. Goldstein

Law School Blogs

No abstract provided.


Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law Jan 2017

Newsroom: Order Violates Roger Williams' Principles 01-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Rwu First Amendment Blog: Dean Michael Yelnosky's Blog: The First Amendment And Public Sector Union "Dues" 1-9-2017, Michael J. Yelnosky Jan 2017

Rwu First Amendment Blog: Dean Michael Yelnosky's Blog: The First Amendment And Public Sector Union "Dues" 1-9-2017, Michael J. Yelnosky

Law School Blogs

No abstract provided.


Protecting Homeowners' Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff Jan 2017

Protecting Homeowners' Privacy Rights In The Age Of Drones: The Role Of Community Associations, Hillary B. Farber, Marvin J. Nodiff

Faculty Publications

Homeowners' notions of privacy in their dwellings and surroundings are under attack from the threat of pervasive surveillance by small civilian drones equipped with highly sophisticated visual and data-gathering capabilities. Streamlined rules recently issued by the Federal Aviation Administration ("FAA') have unleashed technological innovation that promises great societal benefits. However, the new rules expose homeowners to unwanted snooping because they lack limits on the distance drones may operate from residential dwellings or time of operations. Indeed, our society should not expect a federal agency to deal effectively with the widely diverse issues of drone technology facing the states, given the ...


Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle Jan 2017

Picking Winners And Losers: The Subjectivity Of Missouri Disciplinary Decisions, Bradley Craigmyle

Missouri Law Review

This Note traces the facts and holding of the case In re Krigel, before delving into the ABA’s influential role in legal ethics. Next, it outlines Missouri’s attorney discipline procedures and analyzes pertinent Missouri case law. Lastly, this Note critiques the majority opinion and argues that Krigel should have been disbarred