Law Commons^™

Ostby, Montana's First Female Federal Judge, Left A Lasting Impact On The Judiciary, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.

"Dependent Contractors" In The Gig Economy: A Comparative Approach, Miriam A. Cherry, Antonio Aloisi

American University Law Review

No abstract provided.

Data Transmission And Energy Efficient Internet Data Centers, Joseph R. Briscar

American University Law Review

The internet is a marvel of human accomplishment and a feat of technological engineering, which allows nearly instantaneous communication across the globe-an act once considered the stuff of science fiction. It has been lauded for its environmental benefits, such as reducing paper production and waste, but, as with any great accomplishment, there are unintended consequences. The increased proliferation of electronic devices to access the internet and the exponential advancement of those devices results in large amounts of electronic waste-a problem in its own right. Compounding the issue, for all of those internet-enabled devices to work, they must rely on the …

2015 & 2016 Annual Surveys: Recent Developments In Sports Law, Katelynn Hill

Marquette Sports Law Review

None

The International Right To Sport For People With Disabilities, Maureen A. Weston

Marquette Sports Law Review

None

Utah And Sports Law, Adam Epstein

Marquette Sports Law Review

None

Guilty By A Nose: The Queen V. Riesberry And The Criminalization Of Racehorse Doping In Canada, Brian Manarin, Reem Zaia

Marquette Sports Law Review

None

Who Goes To Graduate School And Who Succeeds?, Sandy Baum, Patricia Steele

Commissioned Research

During the Great Recession, those with college degrees fared much better than those without degrees, but a number of college graduates struggled to find satisfactory employment, leading many to graduate study. The option of seeking an advanced degree has gained momentum in recent decades, and now some observers call the master’s degree the “new bachelor’s degree.” This brief is the first in a series addressing questions about enrollment and success in graduate school, funding of graduate students, the conceptual differences between undergraduate and graduate students, and the data available to address these questions. As participation in graduate programs rises, it …

Demarco V. Stoddard: A Compulsory Liability Insurance State Burdens The Consumer, Jesse S. Lieberman

Student Works

No abstract provided.

Lawful Religious Discrimination? The Ministerial Exception's Almighty Spillage Over The Grayer Non-Ministerial Areas, Oliver Encarnacion

Student Works

No abstract provided.

Vacant And Abandoned But Not Forgotten: The Rehabilitation Of Abandoned Properties In New Jersey, Samanthan N. Palma

Student Works

No abstract provided.

The Trial And Incarceration Of Andy Dufresne, Jonathan Van Patten

Faculty Publications

No abstract provided.

Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion, Isidora Koutsoulias

Journal of Law and Policy

Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although …

Appetite For Destruction: Symbolic And Structural Facets Of The Right To Destroy Digital Property, Joshua A.T. Fairfield

Washington and Lee Law Review

No abstract provided.

Commercial Bribery: Choice And Measurement Within A Remedies Smorgasbord, Doug Rendleman

Washington and Lee Law Review

Searching for the most suitable money remedy for a simple commercial bribe promptly lands a lawyer, judge, professor, student, or researcher in a remedial smorgasbord. De- emphasizing injunctions, commercial bribery offers a spectrum of monetary remedies.

The plaintiff has two defendants, the briber and the bribee. He has two major remedies, damages and restitution. The overlapping policies consist of compensating the plaintiff, preventing the defendants’ unjust enrichment, deterring the defendants and others, and punishing the defendants. Courts implement these policies with compensatory damages, restitution, and punitive damages. A bribe can be returned as damages or restitution, a significant distinction. Punishment …

No-Analogue Future: Challenges For The World Of Nature In A World Without Precedent, Sean Kammer

Faculty Publications

No abstract provided.

A Chinese Inheritance, Thomas Simmons

Faculty Publications

The cultural values of a society are often discernible in its laws of succession and intestacy. These laws govern the distribution of a decedent's estate when there is no estate plan in place. Intestacy schemes typically reflect basic societal values. Yet, perhaps remarkably, the laws of intestacy bear consistency across various countries, continents, and cultures, rewarding the closest surviving family members. Upon closer examination, unique characteristics also emerge. The most startling characteristic of Chinese inheritance law is its willingness to invoke judicial review of an heir's conduct in settling upon distribution percentages to govern intestacy. American succession law also considers …

Actuarial Soundness, The Meaning Of "Commensurate," And A "Sniff Test", Thomas Simmons

Faculty Publications

No abstract provided.

Book Review: Shakespeare And Judgment, Thomas Simmons

Faculty Publications

No abstract provided.

Leach V. Hyatt: Recasting Indefiniteness, Thomas Simmons

Faculty Publications

No abstract provided.

Prequel To Homestead, Thomas Simmons

Faculty Publications

Homestead laws reflect value judgments which balance the free functioning of commercial enterprise and business transactions against a family's interests in shelter and a home. In South Dakota's history, this tension has been displayed in legislative enactments, judicial reasoning, and even statewide referendums. An examination of the significant events at two ends of this chronology reveals the expression of societal values in law and the dynamics of the pre-statehood origins of homestead laws in the context of competing policies and interests. This article proceeds by outlining the general purposes and sources for homestead laws, followed by a sketch of existing …

Article Dedication To Patrick K. Duffy (The Trial And Incarceration Of Andy Dufresne), Jonathan Van Patten

Faculty Publications

No abstract provided.

Nothing New: Consent, Forfeiture, And Bankruptcy Court Final Judgments, Robert W. Miller

Faculty Publications

Bankruptcy cases often contain distinct contested matters and adversary proceedings. The possibility of these many permutations stokes the tension between the desire for quick adjudications by a non-Article III bankruptcy judge and the need to protect litigants' rights to an Article III tribunal. However, the application of consent to bankruptcy judge authority and forfeiture of the right to proceed before an Article III district judge alleviates this tension. Although the Supreme Court recently endorsed the application of these doctrines, the boundaries remain unsettled. The temptation is to apply the doctrines of consent and forfeiture broadly in order to facilitate bankruptcy …

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

Statutory Law, Kathleen Klepfer, Alexis Fetzer

Law Faculty Publications

This chapter describes the sources of law created by the legislative branch of the Commonwealth of Virginia. The materials include the laws enacted by the Virginia General Assembly, the publications in which those laws are found, and the resources available to assist in interpreting the legislative enactments.

The cardinal rule in Virginia statutory construction is that the statute expresses the intention of the lawmakers. Therefore, it falls upon the courts to ascertain the General Assembly’s intent where that intent becomes important in the application of statutory materials. When researching Virginia statutes, certain principles of interpretation and application must be kept …

Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie Ellen Mcconnell

Law Faculty Publications

Recent United States Supreme Court decisions have declared it unconstitutional to sentence a juvenile to mandatory life in prison without an opportunity for parole. Virginia, a state that abolished parole in 1995, has yet to recognize the federally mandated prohibition against disproportionate punishment imposed on juveniles, particularly in cases where the mandatory minimum sentence is life without parole. This article proposes the General Assembly should amend current laws that reflect the unconstitutionality of these statutes as applied to juveniles.

The Problem Of Unwanted Online Publication And Use Of Images Of Children And Young People : A Legal Challenge, Anna Bunn

Theses

The online publication of images of children and their subsequent use has the potential to cause harm to a child who is a subject of such an image. Indeed, the publication and distribution of photographs or video clips has been found to be one of the most impactful forms of bullying.1 Even outside a cyberbullying context, however, this thesis argues that two important aspects of a child’s social and emotional development — namely their selfesteem and the development of relationships — can be harmed by the unwanted online publication or subsequent use of an image of that child. In particular, …

Masthead, Volume 27 (2017)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Health Matrix, Health Matrix

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Moving Beyond "Wellness Does Not Work", Dennis G. Shea, Dennis Scanlon

Health Matrix: The Journal of Law-Medicine

The article focuses on the worksite wellness program (WWP) made by the employers for maintaining the industrial hygiene and also discusses the challenges faced by the employees in implementing the same in the U.S. Topics discussed include Pennsylvania State University's problematic effort in implementing a WWP.