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Full-Text Articles in Law

"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton Jan 1998

"Yer Outa Here!" A Framework For Analyzing The Potential Exclusion Of Expert Testimony Under The Federal Rules Of Evidence, Stephen D. Easton

University of Richmond Law Review

It does not take long for even a casual observer of criminal and civil trials to make two observations about expert witnesses. The first of these observations comes almost immediately: experts are vitally important to the judicial process. In many trials, the outcome largely depends upon which set of impressively credentialed experts the jurors (and the judge) believe. The second observation generally comes later than the first: a significant amount of shoddy "science," phony logic, faulty analysis, sleight of hand, and other assorted junk enters the courtroom dressed up in the emperor's clothes of expert testimony.

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Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky Jan 1998

Leaving The Door Ajar: The Supreme Court And Assisted Suicide, Melvin I. Urofsky

University of Richmond Law Review

In June, 1997, the Supreme Court ruled that a constitutional right to assisted suicide exists in neither the Due Process nor the Equal Protection Clauses of the Fourteenth Amendment. But while a federal right does not exist, the Court made it quite clear that the states had ample leeway in which to fashion law on this issue; moreover, the concurring opinions of five Justices strongly implied that, should the states enact legislation that would severely limit end-of-life choices, the Supreme Court would revisit the issue. Far from slamming the door shut on assisted suicide, the Court left it more than …

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Casting The Net: Another Confusing Analysis Of Personal Jurisdiction And Internet Contacts In Telco Communications V. An Apple A Day, Donnie L. Kidd Jr. Jan 1998

Casting The Net: Another Confusing Analysis Of Personal Jurisdiction And Internet Contacts In Telco Communications V. An Apple A Day, Donnie L. Kidd Jr.

University of Richmond Law Review

The fascination of the Internet and "cyberspace" is its sense of boundlessness. A user seemingly can go anywhere, be anyone, and do anything in a virtual world of information and interactivity. Actions on-line, however, often may have real world ramifications. The demarcation line between the physical and cyberspace "worlds" is not so pronounced that actions occurring in one have no effect in the other.

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University Of Richmond Jan 1998

University Of Richmond

University of Richmond Law Review

No abstract provided.

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Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter Jan 1998

Third Circuit: Gender, Race, And Ethnicity- Task Force On Equal Treatment In The Courts, Dolores K. Sloviter

University of Richmond Law Review

The March 1993 vote of the Judicial Conference of the United States endorsing the provision of the proposed Violence Against Women Act that encouraged circuit judicial councils to conduct studies with respect to gender bias in their respective circuits provided an official imprimatur of approval to such inquiries by the policy making body of the federal courts. Thereafter, the extent to which each federal circuit undertook to accept the invitation to proceed may have depended in large part on the zeal for the inquiry by the chief judge of the circuit or his or her delegated committee.

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Eighth Circuit: Gender Fairness Task Force, Lyle E. Strom Jan 1998

Eighth Circuit: Gender Fairness Task Force, Lyle E. Strom

University of Richmond Law Review

In July of 1993, the Judicial Council of the Eighth Circuit adopted a resolution for the creation of a task force to study and report on the impact or effect of gender in the administration of justice in the Eighth Circuit. Chief Judge Richard Arnold appointed United States District Judge Diana Murphy of Minnesota to establish the Task Force. A task force of thirty members, consisting of circuit, district, magistrate and bankruptcy judges, employees of the courts, representatives from the offices of the United States Attorneys and Federal Public Defenders, attorneys who practice in federal court, and professors of law, …

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Investors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson Jan 1998

Investors, Look Before You Leap: The Suitability Doctrine Is Not Suitable For Otc Derivatives Dealers, Willa E. Gibson

Akron Law Faculty Publications

This Article examines the derivatives market, its regulation and the concept of suitability as it applies - and should be applied - to the derivatives market. The Article first provides an overview of the derivatives market. Next, the Article reviews the existing regulatory framework to which derivatives transactions and derivatives dealers are subject and also discusses the various legal actions that can be brought based on suitability claims. The Article argues against the imposition of suitability rules to OTC derivatives dealers and instead emphasizes the need to view OTC derivatives transactions as arm's length transactions. Finally, the Article identifies ways …

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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1998

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Compared with the intensive focus on juvenile justice issues in Virginia between 1994 and 1996, and the significant statutory changes generated by that focus, the past two years have been relatively serene, at least for juvenile law. Legislative activity about juvenile justice has been subdued, and few cases have interpreted the major legislative changes wrought during that three-year period, or their effects. The 1998 legislative session did result in the demise of the family court initially created five years earlier contingent on the provision of adequate funding for the court at some future session. The provision of funding for the …

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Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika Jan 1998

Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika

Richmond Journal of Law & Technology

In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …

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Regulatory Change In The Energy And Telecommunications Industries - Overview, Barry J. Waldman Jan 1998

Regulatory Change In The Energy And Telecommunications Industries - Overview, Barry J. Waldman

Richmond Journal of Law & Technology

Recent changes in the telecommunications industry and the emerging momentum for change in the regulation of the energy industry have provided a unique opportunity to reevaluate the regulatory models that have predominated in these fields. As these proposed changes are promulgated and begin to take effect and find practical form, crucial questions of implementation become the focus of the debate and the practice of regulatory law. Basic questions are ripe for consideration, such as: Will the regulators be State or Federal Agencies? What form should this regulatory power take? Will legislators and regulators focus on new players in the industry …

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New Combinations: Changing Technologies And Infrastructures And The Business Organizations That Will Deal With Them., Alexander F. Skirpan Jr., Steven J. Rosenstock, Pat Bennett, Douglas Taylor, Alex B. Best Jan 1998

New Combinations: Changing Technologies And Infrastructures And The Business Organizations That Will Deal With Them., Alexander F. Skirpan Jr., Steven J. Rosenstock, Pat Bennett, Douglas Taylor, Alex B. Best

Richmond Journal of Law & Technology

This tale is somewhat unique. It is probably one of the few panels, or the only panel in which there is a certain level of agreement. In fact, every one in this room probably has the basic agreement with this panel, that changes in regulation and changes in policy that we are struggling with are driven by changes in technology. This panel has been put together to look at changes in technology. It has three overall goals. The first is, as you heard one of the panels this morning talk about, to talk about technology itself to try to gain …

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A Brave New World Of Free Speech: Should Interactive Computer Service Providers Be Held Liable For The Information They Disseminate?, Sarah Becket Boehm Jan 1998

A Brave New World Of Free Speech: Should Interactive Computer Service Providers Be Held Liable For The Information They Disseminate?, Sarah Becket Boehm

Richmond Journal of Law & Technology

Millions of people worldwide use online services to communicate via e-mail; to post and read messages on bulletin boards; to receive news, financial information and updated sports scores; and to gather information. Nearly anyone with access to the Internet can post information without having the facts verified or the content edited, so it is extremely likely that if they post defamatory material, it can find its way around the world in a matter of minutes. Due to the anonymous nature of the Internet, the author of the defamatory material may never be discovered. Assuming the author cannot be traced, the …

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Criminal Law: Diagram Of A Drug Sentence--Defining Mixture Or Substance On The Basis Of Utility In United States V. Richards, Matthew Thomas Geiger Jan 1998

Criminal Law: Diagram Of A Drug Sentence--Defining Mixture Or Substance On The Basis Of Utility In United States V. Richards, Matthew Thomas Geiger

Oklahoma Law Review

No abstract provided.

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Oil And Gas Liens In Oklahoma, Timothy C. Dowd Jan 1998

Oil And Gas Liens In Oklahoma, Timothy C. Dowd

Oklahoma Law Review

No abstract provided.

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Front Pages Jan 1998

Front Pages

Oklahoma Law Review

No abstract provided.

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The Irony Of Harmless Error, Charles S. Chapel Jan 1998

The Irony Of Harmless Error, Charles S. Chapel

Oklahoma Law Review

No abstract provided.

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United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon Jan 1998

United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon

Oklahoma Law Review

No abstract provided.

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Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum Jan 1998

Using Creativity To Fight A $60 Billion Consumer Problem—Counterfeit Goods, Xuan-Thao Nguyen, Maxim H. Waldbaum

Articles

For centuries, consumers have been willing to pay exorbitant prices for unique or premiumquality goods. Throughout the evolution of the "designer label" market, counterfeiters have lurked in the shadows of the economic landscape. Thus, the problem of counterfeit goods represents nothing new in the global economy.

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Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote Jan 1998

Are Criminal Defendants In Japan Truly Receiving Trials By Judges, Daniel H. Foote

Articles

Since my initial appointment as an assistant judge in April of 1950, I have served as a judge for over 39 1/2 years. For most of that time, over 30 years, I have handled criminal trials. Thus, one might say that I personally represent a living history of the current Code of Criminal Procedure. Human beings, however, inevitably tend to idle their time away; and I have been kept busy day in and day out handling cases and up until now have never had the chance to sit back and reflect dispassionately on the actual state of criminal trials. That …

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The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas Jan 1998

The Supreme Court, 1997 Term -- Leading Cases -- Federal Statutes And Regulations -- Americans With Disabilities Act -- Asymptomatic Hiv, Peter Nicolas

Articles

No abstract provided.

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Criminal Procedure -- Venue -- Third Circuit Finds Venue For Firearms Charge Improper In District Where Only Predicate Offense Occurred -- United States V. Palma-Ruedas, Peter Nicolas Jan 1998

Criminal Procedure -- Venue -- Third Circuit Finds Venue For Firearms Charge Improper In District Where Only Predicate Offense Occurred -- United States V. Palma-Ruedas, Peter Nicolas

Articles

No abstract provided.

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The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor Jan 1998

The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor

Articles

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial disclosure …

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Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly Jan 1998

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …

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How The Digital Performance Rights In Sound Recordings Act Of 1995 Protect Copyright Owners On The Internet, Lynne B. Lubash Jan 1998

How The Digital Performance Rights In Sound Recordings Act Of 1995 Protect Copyright Owners On The Internet, Lynne B. Lubash

Santa Clara High Technology Law Journal

No abstract provided.

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The Scope Of Protection For Patents After The Supreme Court's Warner-Jenkinson Decision: The Fair Protection--Certainty Conundrum, Donald S. Chisum Jan 1998

The Scope Of Protection For Patents After The Supreme Court's Warner-Jenkinson Decision: The Fair Protection--Certainty Conundrum, Donald S. Chisum

Santa Clara High Technology Law Journal

No abstract provided.

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The Prior User Right Of H.R. 400: A Careful Balancing Of Competing Interests, Pierre Hubert Jan 1998

The Prior User Right Of H.R. 400: A Careful Balancing Of Competing Interests, Pierre Hubert

Santa Clara High Technology Law Journal

No abstract provided.

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Look And Feel Protection Of Web Site User Interfaces: Copyright Or Trade Dress?, Lisa M. Byerly Jan 1998

Look And Feel Protection Of Web Site User Interfaces: Copyright Or Trade Dress?, Lisa M. Byerly

Santa Clara High Technology Law Journal

No abstract provided.

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A Practical Approach To Claiming Software, Jim Salter Jan 1998

A Practical Approach To Claiming Software, Jim Salter

Santa Clara High Technology Law Journal

No abstract provided.

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Reconciling Reverse Engineering And Conflicting Shrinkwrap License Terms Under U.C.C. Article 2b: A Patent Law Solution, Frank J. Pita Jan 1998

Reconciling Reverse Engineering And Conflicting Shrinkwrap License Terms Under U.C.C. Article 2b: A Patent Law Solution, Frank J. Pita

Santa Clara High Technology Law Journal

No abstract provided.

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Web Site Legal Issues, Carol A. Kunze Jan 1998

Web Site Legal Issues, Carol A. Kunze

Santa Clara High Technology Law Journal

No abstract provided.

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