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Articles 1 - 30 of 44
Full-Text Articles in Law
The History Of The West Virginia Code, Robert W. Kerns Jr.
The History Of The West Virginia Code, Robert W. Kerns Jr.
West Virginia Law Review
No abstract provided.
Land Banks In Missouri: A Comparative Analysis Of Statutory Schemes In Kansas City And St. Louis, Yelena Bosovik
Land Banks In Missouri: A Comparative Analysis Of Statutory Schemes In Kansas City And St. Louis, Yelena Bosovik
The Business, Entrepreneurship & Tax Law Review
The housing and financial crisis of 2008 may be behind us, but a drive though any community, especially large urban areas, reveals too many boarded up buildings and abandoned properties littering an otherwise prosperous horizon. For many municipalities, the solution has been to create land banks to take possession of tax-delinquent properties and to sell them, with clean titles, for redevelopment or public use. This paper begins with a brief overview of the evolution of land banks, and a discussion on Missouri’s two land banks, one in Kansas City, and another one in the city of St. Louis. At the …
Shareholder Wealth Maximization As A Function Of Statutes, Decisional Law, And Organic Documents, Joan Macleod Heminway
Shareholder Wealth Maximization As A Function Of Statutes, Decisional Law, And Organic Documents, Joan Macleod Heminway
Washington and Lee Law Review
No abstract provided.
Statutory Law, Kathleen Klepfer, Alexis Fetzer
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 …
A Guide To Legal Research In Virginia, Joyce Manna Janto
A Guide To Legal Research In Virginia, Joyce Manna Janto
Law Faculty Publications
The primary goal of this new edition of A Guide to Legal Research in Virginia is to expand coverage in several chapters and to add a new chapter covering legal ethics materials. This edition also notes changes in the URLs for many Virginia government websites. Most of these changes are likely based on changes in administrations and technological upgrades. The researcher should be aware that there is a lack of consistency among Virginia government web addresses. Changes in the operation and coverage of the major legal databases are noted where appropriate. Today, Virginia practitioners have a wide variety of resources, …
Parental Alienation Syndrome: Fact Or Fiction? The Problem With Its Use In Child Custody Cases, Holly Smith
Parental Alienation Syndrome: Fact Or Fiction? The Problem With Its Use In Child Custody Cases, Holly Smith
University of Massachusetts Law Review
Parental alienation syndrome is an alleged disorder that was first coined by Dr. Richard Gardner in 1985. Dr. Gardner defined this alleged syndrome as one that arises primarily in the context of child-custody disputes and involves a child’s unjustified denigration against a parent. Although more than thirty years have passed since parental alienation syndrome was first introduced by Dr. Gardner, it is yet to be recognized or accepted in the medical community. Moreover, there are also legitimate questions concerning the alleged syndrome’s admissibility and reliability as evidence in family law proceedings, and the negative effects parental alienation syndrome poses on …
Communication In Cyberspace, Nancy Leong, Joanne Morando
Communication In Cyberspace, Nancy Leong, Joanne Morando
Sturm College of Law: Faculty Scholarship
This Article examines a problem in cybercrime law that is both persistent and pervasive. What counts as “communication” on the Internet? Defining the term is particularly important for crimes such as cyberstalking, cyberharassment, and cyberbullying, where most statutes require a showing that the alleged perpetrator “communicated” with the victim or impose a similar requirement through slightly different language.
This Article takes up the important task of defining communication. As a foundation to our discussion, we provide the first comprehensive survey of state statutes and case law relating to cyberstalking, cyberharassment, and cyberbullying. We then examine the realities of the way …
The Constitution And Legislative History, Victoria Nourse
The Constitution And Legislative History, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this article, the author provides an extended analysis of the constitutional claims against legislative history, arguing that, under textualists’ own preference for constitutional text, the use of legislative history should be constitutional to the extent it is supported by Congress’s rulemaking power, a constitutionally enumerated power.
This article has five parts. In part I, the author explains the importance of this question, considering the vast range of cases to which this claim of unconstitutionality could possibly apply—after all, statutory interpretation cases are the vast bulk of the work of the federal courts. She also explains why these claims should …
Missouri's Section 287.865.5 Proof Of Claim Filing Requirement: Are Injured Employees Getting A Fair Shake, Carrie B. Williamson
Missouri's Section 287.865.5 Proof Of Claim Filing Requirement: Are Injured Employees Getting A Fair Shake, Carrie B. Williamson
Missouri Law Review
This Article argues that Section 287.865.5's bankruptcy proof of claim filing requirement is bad law because it runs counter to the purposes of Missouri's workers' compensation system. It also reveals significant gaps found at the confluence of workers' compensation law and bankruptcy law and exacerbates cracks in the systems. The cracks in turn become traps for the unwary injured worker. Because of these problems, the Section 287.865.5 proof of claim filing requirement should be amended so that it operates more in harmony with federal bankruptcy law. This Article proposes several amendments to the statutory provisions pertaining to the proof of …
The Lead Plaintiff Provisions Of The Pslra After A Decade, Or "Look What's Happened To My Baby", Elliott J. Weiss
The Lead Plaintiff Provisions Of The Pslra After A Decade, Or "Look What's Happened To My Baby", Elliott J. Weiss
Vanderbilt Law Review
In 1995, my colleague John Beckerman and I had an experience shared by very few legal academics. We mailed the galley proofs of an article that we had written to the staff of a Senate Committee and then saw the Committee, the Senate, and the full Congress enact into law a bill that included all of the recommendations in our article. The article was Let the Money Do the Monitoring: How Institutional Investors Can Reduce Agency Costs in Securities Class Actions; the law was the Private Securities Litigation Reform Act of 1995 ("PSLRA"). The relevant provisions of the PSLRA, now …
Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu
Barring Too Much: An Argument In Favor Of Interpreting The Immigration And Nationality Act Section 101(A)(42) To Include A Duress Exception, Nicole Lerescu
Vanderbilt Law Review
The asylum system is in disarray. The United States is unable to guarantee that every asylum seeker will receive a fair and impartial hearing. Although media attention recently has focused on the asylum system's procedural flaws, unjust statutory interpretations also work against those seeking refuge in the United States. This Note focuses on one particular example within this commonly criticized area of the law: the prevailing interpretation of section 101(a)(42) of the Immigration and Nationality Act to bar those who have persecuted others under duress from attaining refugee status.
It is intuitively appealing that a system of laws should hold …
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
Dalhousie Law Journal
The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.
Tribunals Imitating Courts - Foolish Flattery Or Sound Policy?, David Mullan
Tribunals Imitating Courts - Foolish Flattery Or Sound Policy?, David Mullan
Dalhousie Law Journal
In his 2004 Horace E Read Memorial Lecture, David Mullan assesses the impact of the "due process explosion." To what extent has the evolution of Canadian law (both statutory and common) in the domain of procedural fairness been responsible for the phenomenon of excessive judicialization of the administrative process? Has the increase in the number of decision-makers subject to the obligation of procedural fairness and the growth in the parallels between tribunal and court processes affected adversely the interests of the administrative justice system and the public that it is meant to serve? The author suggests that there is a …
Aids And Adolescents, Rhonda Gay Hartman
Aids And Adolescents, Rhonda Gay Hartman
Journal of Health Care Law and Policy
No abstract provided.
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law (1998 Edition), Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
Some Effectual Power: The Quantity And Quality Of Decisionmaking Required Of Article Iii Courts, James S. Liebman, William F. Ryan
Some Effectual Power: The Quantity And Quality Of Decisionmaking Required Of Article Iii Courts, James S. Liebman, William F. Ryan
Faculty Scholarship
Did the Framers attempt to establish an effectual power in the national judiciary to void state law that is contrary tofederal law, yet permit Congress to decide whether or not to confer federal jurisdiction over cases arising under federal law? Does the Constitution, then, authorize its own destruction? This Article answers "yes" to the first question, and "no" to the second. Based on a new study of the meticulously negotiated compromises that produced the texts of Article HI and the Supremacy Clause, and a new synthesis of several classic Federal Courts cases, the Article shows that, by self-conscious constitutional design, …
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
Writing In The Margins: Brennan, Marshall, And The Inherent Weaknesses Of Liberal Judicial Decision-Making Essay., Donna F. Coltharp
St. Mary's Law Journal
From 1967, when Thurgood Marshall took his seat as Supreme Court Justice, until 1990, when William Brennan, Jr. vacated his seat, the two Justices formed one of the most consistent liberal voting blocs in the history of the Court. Both Justices were judicial activists who labored in the tradition of Legal Realism. Although both Brennan and Marshall recognized the interpretation and application of the law as purposeful exercises, they differed in their approach to the task. Marshall, for instance, appealed to social consensus stating that his views were supported by society. Furthermore, Marshall strongly believed that the Constitution is a …
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Researching Georgia Law, Nancy P. Johnson, Nancy Adams Deel
Georgia State University Law Review
No abstract provided.
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
The Right Of Privacy And The New York State Constitution: An Analytical Framework, Edward R. Alexander
Touro Law Review
No abstract provided.
Water Agencies And Water Transfers In California: A Case Study Of The Kern County Water Agency, Brian E. Gray
Water Agencies And Water Transfers In California: A Case Study Of The Kern County Water Agency, Brian E. Gray
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
20 pages.
Contains references.
The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad
The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad
Dalhousie Law Journal
Law making in our time depends on legislation, and our primary reliance on statutory law is being increasingly recognized, even though, as James Williard Hurst recently put it, "Judge-made law is still the darling of legal philosophers."' It has also remained at the misplaced center of much of our legal education.' I hope to trace the movement toward the full acceptance of statutes as a source of law, including brief notes on early twentieth century efforts to salvage the common law through the machinery of law revision commissions and through the Restatements developed by the American Law Institute. The New …
Truth In Judging: Supreme Court Opinions As Legislative Drafting, Ray Forrester
Truth In Judging: Supreme Court Opinions As Legislative Drafting, Ray Forrester
Vanderbilt Law Review
The first thesis this Article postulates is that the history of food and drug regulation during the past twenty centuries has been the history of the development of analytical chemistry, not the history of the development of law and regulation. Statutory law during this period has remained relatively static, while general understanding of analytical chemistry has leapt ahead with unparalleled achievement. Increased scientific enlightenment, largely achieved through analytical chemistry, has produced every important advance in food and drug regulation. Indeed, the overwhelming success of the field of analytical chemistry has created entire scientific disciplines as well as improvement in government …
The Legislative Branch And The Supreme Court, James Willard Hurst
The Legislative Branch And The Supreme Court, James Willard Hurst
University of Arkansas at Little Rock Law Review
No abstract provided.
Weather Resources Management And Interbasin Transfer Law [Outline], Ray Jay Davis
Weather Resources Management And Interbasin Transfer Law [Outline], Ray Jay Davis
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
21 pages (includes illustrations).
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Florida Residential Landlord And Tenant Act, Robert F. Williams, Phillip B. Phillips Jr.
The Florida Residential Landlord And Tenant Act, Robert F. Williams, Phillip B. Phillips Jr.
Florida State University Law Review
No abstract provided.
Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright
Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright
Faculty Scholarship
No abstract provided.
Legal Research--Computer Retrieval Of Statutory Law And Decisional Law, David T. Moody
Legal Research--Computer Retrieval Of Statutory Law And Decisional Law, David T. Moody
Vanderbilt Law Review
Legal research presently involves a considerable amount of any lawyer's time and efforts largely because it is a slow and tedious process. Searching for a pertinent legal point can prove to be time-consuming and often fruitless. Moreover, it is here that chance plays one of its largest roles in the law.' An important legal point may exist,yet the researcher may fail to find it although he exercises a great degree of diligence. All lawyers must recognize this problem and the fact that it is becoming more acute with the passage of time. Something needs to be done to facilitate legal …
Tennessee Law And The Sales Article Of The Uniform Commercial Code, W. Harold Bigham
Tennessee Law And The Sales Article Of The Uniform Commercial Code, W. Harold Bigham
Vanderbilt Law Review
Although much of the interest engendered by the Uniform Commercial Code has centered around Article 9--Secured Transactions,and although Article 9 has been described as the heart of the Code, Article 2--Sales--is half again as long, is in many ways more iconoclastic,' and has precipitated perhaps more criticism than any of the other articles of the Code. Article 2 contains some innovations which are, at least upon initial impression, startling departures from traditional concepts of sales law, and it is therefore not surprising that there has been a spate of legal literature published on various aspects of this article. Since limitations …