Law Commons^™

The Americans With Disabilities Act Of 1990 - Progeny Of The Civil Rights Act Of 1964, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

King Range National Conservation Area Case Study, Ann Morgan, Doug Cannon, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

25, A-2, B-4, C-2 p. : ill., map

Protective Designations On Federal Lands: Case Studies Of National Conservation Areas, National Monuments, National Parks, National Recreation Areas, And Wilderness Areas, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

18, A-4 p.

Negotiating Bankruptcy Legislation Through The News Media, Melissa B. Jacoby

Faculty Publications

No abstract provided.

Using Arbitration To Eliminate Consumer Class Actions: Efficient Business Practice Or Unconscionable Abuse?, Jean R. Sternlight, Elizabeth J. Jensen

Scholarly Works

Companies are increasingly drafting arbitration clauses worded to prevent consumers from bringing class actions against them in either litigation or arbitration. If one looks at the form contracts she receives regarding her credit card, cellular phone, land phone, insurance policies, mortgage, and so forth, most likely, the majority of those contracts include arbitration clauses, and many of those include prohibitions on class actions. Companies are seeking to use these clauses to shield themselves from class action liability, either in court or in arbitration.

This article argues that while the unconscionability doctrine offers some protections, case-by-case adjudication is a costly means …

Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko

ExpressO

Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.

Administrative Law, James R. Kibler Jr.

University of Richmond Law Review

No abstract provided.

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.

Real Estate Law, Brian R. Marron, Christopher M. Gill

University of Richmond Law Review

No abstract provided.

United States V. Bean: Shoveling After The Elephant?, Pannal A. Sanders

ExpressO

Thomas Bean’s felony conviction in Mexico implicated provisions of federal law that preclude certain persons, including specified felons, from owning or trading in firearms and ammunition which have been transported in interstate commerce. 18 USC Sec. 922. Affected persons can seek relief from the federal firearms disability by invoking procedures established in 18 USC Sec. 925(c) under the Dept of Treasury, Director of Alcohol, Tobacco and Firearms (“ATF”). Beginning in 1992, Congress has enacted provisions annually in the ATF’s appropriations laws that ban it from investigating or acting upon Sec. 925(c) applications from individuals. Section 925(c) contains provisions for judicial …

Usa Patriot Act: Anti-Money Laundering And Terrorist Financing Legislation In The U.S. And Europe Since September 11, Alicia L. Rouse

University of Miami International and Comparative Law Review

No abstract provided.

Damage Limitations In Medical Malpractice Actions: Necessary Legislation Or Unconstitutional Deprivation, William R. Padget

South Carolina Law Review

No abstract provided.

Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess

Dalhousie Law Journal

Effective and efficient regulation of the oil and gas industry on the East Coast of Canada is a top priority of the federal and provincial governments. Ever since oil and gas exploration and development began in this region, stakeholders and others have urged regulators to address and remedy this issue. This paper reviews how governments have responded first in the onshore context, and then in the offshore. Issues that regulators need to address are identified and legislative, regulatory, and administrative changes which have been made and are proposed are reviewed. Finally, the author reflects on possible future developments and the …

Union Certification On Offshore Production Installations, Gregory Anthony

Dalhousie Law Journal

The author describes the jurisdictional and legislative regimes governing labour relations in the Newfoundland and Labrador offshore. After providing an overview of the provincial certification process, he recounts the process of certification of the Hibernia platform and reviews some of the legal issues raised therefrom.

Offshore Employment And Occupational Health And Safety Issues, John Macpherson

Dalhousie Law Journal

In Canada responsibility for regulating labour relations, employment and occupational health and safety matters is shared between the federal and provincial governments. In this paper the author describes the complexities of the legislative regime governing the Nova Scotia offshore. Specifically, he looks at section 157 of the Nova Scotia Accord Act (Canada), certification of workers offshore, and occupational health and safety legislation.

Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin

Dalhousie Law Journal

This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

Resource Parity For Defense Counsel And The Struggle Between Public Choice And Public Ideals, Ronald F. Wright

ExpressO

The quality of criminal defense counsel desperately needs improving. The strategy this article explores is not a change in the legal standard governing ineffective assistance of counsel claims, or a change in the Supreme Court's reasoning, but something far more fundamental: money. I ask whether it is feasible to link the funding available for defense lawyers to the money that the government spends on prosecution lawyers - in other words, parity of resources.

For reasons described in this article, resource parity will probably not come from the courts, at least not if they act alone. Major funding changes like this …

In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith

ExpressO

No abstract provided.

State Legislative Update, Mark G. Boyko

Journal of Dispute Resolution

This bill would have prevented employers from requiring employees to arbitrate disputes arising under the Fair Employment and Housing Act (FEHA). In doing so, it would have changed the established law in California that written agreements to arbitrate disputes are valid and enforceable. Specifically, this bill would have invalidated arbitration agreements between employers and employees if the employer required the employee to sign the agreement as a condition of employment. A.B. 1715 would have applied to employers with five or more employees.

Slides: A Water Manager's Perspective: A View From The Field, Jeffrey Kightlinger

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Jeffrey Kightlinger, General Counsel, Metropolitan Water District of Southern California (MWD)

21 slides

Against Preemption: How Federalism Can Improve The National Legislative Process, Roderick Hills

Law & Economics Working Papers Archive: 2003-2009

How easily should courts infer that federal statutes preempt state law? An ongoing debate exists on the question in Congress and among scholars and judges. One side calls for judges to protect federalism by adopting a rule of statutory construction that would bar preemption absent a clear statement of preemptive intent. Opponents argue against such a "clear statement" rule by arguing that state control over preemptable topics is often presumptively inefficient, because common-law juries lack expertise and because states are prone to imposing external costs on their neighbors. This article sidesteps these debates over preemption and instead argues that, quite …

Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp

San Diego International Law Journal

In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …

Ending Parents’ Unlimited Power To Choose: Legislation Is Necessary To Prohibit Parents’ Selection Of Their Children’S Sex And Characteristics, Kelly M. Plummer

Saint Louis University Law Journal

No abstract provided.

Liability For Damage To The Marine Environment From Ships, Michael White

Dalhousie Law Journal

Marine pollution damage from ships is not a major problem in Australian jurisdictions, but there are regular incidents. The Australian law relating to marine pollution from ships closely follows the international conventions. Australia is a party to almost all of the relevant IMO conventions and, as is required for common law countries, the domestic legislation to give effect to them needs to be put in place. This has been done for the most part by the Commonwealth, the states and the Northern Territory as Australia is a federation. The Commonwealth and the states have established adequate enforcement resources for the …

Presidential And Vice Presidential Succession: Overview And Current Legislation, Thomas H. Neale, Congressional Research Service. Library Of Congress, Government And Finance Division. Library Of Congress

Congressional Materials

Reviews legislative history of presidential and vice presidential succession.

Prohibiting Racial Profiling: The Aclu’S Orchestration Of The Missouri Legislation, Leland Ware

Saint Louis University Public Law Review

No abstract provided.