Law Commons^™

Radicalism Within The Context Of Social Movements: Processes And Types, Remy Cross, David A. Snow

Journal of Strategic Security

Drawing on work within the study of social movements and on conversion processes that is relevant to understanding radicalization, as well as on our own relevant research experiences and findings, especially on radicalism in right-wing and left-wing movements, we focus attention on the elements and dynamics of social movements, both intra-movement and extra-movement, that facilitate the grassroots development and maintenance of radical identities and enhance or diminish the prospect of engagement in radical action. In particular, we note the importance of free spaces to associate apart from the reach of control agents and adversaries,the development of affinity groups and a …

Raise High The Silver Oar! Teaching Admiralty Law, John D. Kimball

Saint Louis University Law Journal

No abstract provided.

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Trials And Other Entertainment, Stuart Banner

Saint Louis University Law Journal

No abstract provided.

Headline Kidnappings And The Origins Of The Lindbergh Law, Barry Cushman

Saint Louis University Law Journal

No abstract provided.

Edelin: The Remaking Of The Headline Abortion Trial, Mary Ziegler

Saint Louis University Law Journal

No abstract provided.

Claims And Coverage In Montana For Damage To A Victim's Family Members, Greg Munro

Faculty Journal Articles & Other Writings

This article explores those situations in which Montana tort law now recognizes secondary injuries to family members resulting from primary severe injuries or death of another family member, which recognition may invoke additional auto insurance coverage. The article first makes a short survey of the development of Montana tort law insofar as it has come to take cognizance of family injuries. The article then looks at the application of insurance law to those claims with special emphasis on recent cases.

The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong

Faculty Journal Articles & Other Writings

This article examines the Montana Supreme Court's decision in Hendershott v. Westphal, a case of first impression in which the Court held that MCA 40-4-301(2) bars district courts in family law proceedings "from authorizing or continuing mediation of any kind where there is a reason to suspect emotional, physical, or sexual abuse."

Section 1983 & The Age Of Innocence: The Supreme Court Carves A Procedural Loophole For Post-Conviction Dna Testing In Skinner V. Switzer, Gabriel A. Carrera

American University Law Review

No abstract provided.

Permissive Interlocutory Appeals At The Court Of Appeals For The Federal Circuit: Fifteen Years In Review (1995-2010), Alexandra B. Hess, Stephanie L. Parker, Tala K. Touanian

American University Law Review

No abstract provided.

The Dodd-Frank Wall Street Reform And Consumer Protection Act: A Failed Vision For Increasing Consumer Protection And Heightening Corporate Responsibility In International Financial Transactions, Eric C. Chaffee

American University Law Review

No abstract provided.

An Objective View Of Fault In Patent Infringement, Jason A. Rantanen

American University Law Review

No abstract provided.

Ante Up Or Fold: What Should Be Done About Gambling In College Sports?, Erica N. Reib

Marquette Sports Law Review

None.

"After Tenure Study" U.S. Law Schools Institutional Database, American Bar Foundation

Law School and Faculty Information

The After Tenure study, jointly funded by the American Bar Foundation and Law School Admission Council, is the first in-depth examination of the professional lives of post-tenure law professors in the United States. It combines a national survey of post-tenure law professors in the U.S. (undertaken in 2005-2006) with a set of follow-up interviews (conducted with a subset of the survey respondents in 2007-2008). A total of 1,175 professors completed the survey; along with 49 who answered substantial parts of the survey.

This database includes a subset of law school variables used for analyses in the larger study. Variables include: …

2010 Patent Law Decisions Of The Federal Circuit: "The Advent Of The Rader Court", Gregory A. Castanias, Douglas R. Cole, Jennifer L. Swize, Vaishali Udupa, Tiffany D. Lipscomb-Jackson

American University Law Review

No abstract provided.

The Consumer Financial Protection Bureau's Appointment With Trouble, Kent Barnett

American University Law Review

No abstract provided.

Concealing Danger: How The Regulation Of Cosmetics In The United States Puts Consumers At Risk, Rajiv Shah, Kelly E. Taylor

Fordham Environmental Law Review

No abstract provided.

Bureaucracy And The U.S. Response To Mass Atrocity, Gregory Brazeal

Faculty Publications

The U.S. response to mass atrocity has followed a predictable pattern of disbelief, rationalization, evasion, and retrospective expressions of regret. The pattern is consistent enough that we should be skeptical of chalking up the United States' failures solely to a shifting array of isolated historical contingencies, from post-Vietnam fatigue in the case of the Khmer Rouge to the Clinton administration's recoil against humanitarian interventions after Somalia. It is implausible to suggest that the United States would have acted to mitigate or end mass atrocities but for the specific historical contingencies that happen to accompany each outbreak of violence. This essay …

A Machine Made Of Words: Our Incompletely Theorized Constitution, Gregory Brazeal

Faculty Publications

No abstract provided.

Rescuing The Strong Precautionary Principle From Its Critics, Noah M. Sachs

Law Faculty Publications

The Strong Precautionary Principle, an approach to risk regulation that shifts the burden of proof on safety, can provide a valuable framework for preventing harm to human health and the environment. Cass Sunstein and other scholars, however, have consistently criticized the Principle, rejecting it as paralyzing, inflexible, and extreme.

In this reassessment of the Strong Precautionary Principle, I highlight the significant benefits of the Principle for risk decision making, with the aim of rescuing the Principle from its dismissive critics. The Principle sends a clear message that firms must research the health and environmental risks of their products, before harm …

Principles Of Insurance Law, Peter N. Swisher

Law Faculty Publications

No abstract provided.

Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel

Richmond Public Interest Law Review

GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein

Richmond Public Interest Law Review

Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …

Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park

Richmond Public Interest Law Review

"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Richmond Public Interest Law Review

Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love's death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of …

Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson

Richmond Public Interest Law Review

This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …

From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley

Richmond Public Interest Law Review

Part I of this article provides a history of the federal appellate system, noting the detrimental impact circuit splits can have on the resolution of a particular legal issue. Part II sets out the history and the current state of asylum and sexual identity claims in the United States. Part III provides an analysis of when the Supreme Court has historically intervened in previous social controversies, such as segregation, interracial marriage, and gay rights in the context of substantive due process. Part IV discusses the importance of timely Supreme Court intervention in asylum sexual identity matters, particularly as issues surrounding …

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Public Interest Law Review

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …

Masthead, Volume 21 Issue 1 (2011)

Health Matrix: The Journal of Law-Medicine

No abstract provided.

A Veil Of Tax Exemption ?: A Proposal For The Continuation Of Federal Tax-Exempt Status For "Nonprofit" Hospitals, Jeremy J. Schirra

Health Matrix: The Journal of Law-Medicine

No abstract provided.