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2014

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Articles 151 - 169 of 169

Full-Text Articles in Other Law

Dean's Column: Students Know Best Why The Unlv Experience Pays, Daniel W. Hamilton, Anne R. Traum Jan 2014

Dean's Column: Students Know Best Why The Unlv Experience Pays, Daniel W. Hamilton, Anne R. Traum

Scholarly Works

No abstract provided.


Dean's Column: In Law School, It's Pro Bono From Day One, Anne R. Traum Jan 2014

Dean's Column: In Law School, It's Pro Bono From Day One, Anne R. Traum

Scholarly Works

No abstract provided.


Dean's Column: Empowering Kids In The Courtroom At Unlv's Kids' Court School, Anne R. Traum Jan 2014

Dean's Column: Empowering Kids In The Courtroom At Unlv's Kids' Court School, Anne R. Traum

Scholarly Works

No abstract provided.


Silence Is Golden . . . Except In Health Care Philanthropy, Stacey A. Tovino Jan 2014

Silence Is Golden . . . Except In Health Care Philanthropy, Stacey A. Tovino

Scholarly Works

No abstract provided.


The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, Terrill Pollman Jan 2014

The Sincerest Form Of Flattery: Examples And Model-Based Learning In The Law School Classroom, Terrill Pollman

Scholarly Works

Responding to a changing landscape of law practice, law schools are searching for ways to structure the classroom experience and broader curriculum to promote more efficient and better learning outcomes. Although imitation, modeling, and the use of examples have become pre-eminent features of modern legal education, these pedagogies have remained largely unexamined. This article shows the power of teaching with examples in both the traditional and legal writing classroom, as well as how skillfully to limit the use of such pedagogy for maximum effect. Specifically, this article applies the findings of cognitive load research and composition theory to show that …


In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner Jan 2014

In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner

Richmond Public Interest Law Review

"In sight, it must be right" was the advertising slogan of a chain of hamburger restaurants that featured visible grills so customers could see the food being prepared, the assumption being that under customers' watchful eyes the burgers would be grilled properly. The Board of Veterans' Appeals ("Board") provides the final decision of the Department of Veterans Affairs ("VA") on a veteran claimant's entitlement to benefits, based on de novo review of a previous VA regional office determination. When in 1988 Congress provided in the Veterans Judicial Review Act for court review of agency decisions on veterans' claims for benefits, …


Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire Jan 2014

Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire

Richmond Public Interest Law Review

In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …


Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz Jan 2014

Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz

Richmond Journal of Law and the Public Interest

There has been a gradual national shift toward rehabilitation within the justice system. This has been especially important for veterans who make up only 8% of the total population, but account for 10% of those with criminal records. Recognizing that the traditional justice system is not equipped to handle cases of individuals whose underlying cause of offense is combat trauma, there has been a call to expand the Veterans Treatment Court ("VTC") program as an alternative for offenders who are veterans of the armed forces. This issue has been compounded by over a decade of war in Iraq and Afghanistan, …


In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner Jan 2014

In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner

Richmond Journal of Law and the Public Interest

"In sight, it must be right" was the advertising slogan of a chain of hamburger restaurants that featured visible grills so customers could see the food being prepared, the assumption being that under customers' watchful eyes the burgers would be grilled properly. The Board of Veterans' Appeals ("Board") provides the final decision of the Department of Veterans Affairs ("VA") on a veteran claimant's entitlement to benefits, based on de novo review of a previous VA regional office determination. When in 1988 Congress provided in the Veterans Judicial Review Act for court review of agency decisions on veterans' claims for benefits, …


Suspension And Delegation, Amy Coney Barrett Jan 2014

Suspension And Delegation, Amy Coney Barrett

Journal Articles

A suspension of the writ of habeas corpus empowers the President to indefinitely detain those suspected of endangering the public safety. In other words, it works a temporary suspension of civil liberties. Given the gravity of this power, the Suspension Clause narrowly limits the circumstances in which it may be exercised: the writ may be suspended only in cases of "rebellion or invasion" and when "the public Safety may require it. " Congress alone can suspend the writ; the Executive cannot declare himself authorized to detain in violation of civil rights. Despite the traditional emphasis on the importance of exclusive …


Reason Giving And Rule Making In Procedural Law, Robin Effron Jan 2014

Reason Giving And Rule Making In Procedural Law, Robin Effron

Faculty Scholarship

No abstract provided.


Onlookers Tell An Extraordinary Entity What To Do, Anita Bernstein Jan 2014

Onlookers Tell An Extraordinary Entity What To Do, Anita Bernstein

Faculty Scholarship

No abstract provided.


Collaboration: Promises And Pitfalls, Dana M. Malkus Jan 2014

Collaboration: Promises And Pitfalls, Dana M. Malkus

All Faculty Scholarship

Simply put, collaboration refers to two or more organizations coming together to accomplish a specific goal. It is helpful to think of collaboration as a spectrum: Collaborations range from informal arrangements (e.g., a committee, a task force, a joint initiative, information sharing, joint purchasing arrangements, co-locating arrangements, or program coordination) to more formal arrangements (e.g., the creation of a new entity).

Common reasons for collaborations include

  • greater access to certain funding or grant streams;
  • access to the expertise of the collaborating organization;
  • an ability to increase the human resources that can be devoted to an event or cause;
  • access to …


Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney Jan 2014

Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney

Articles, Book Chapters, & Popular Press

“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …


Volume 37, No. 4 Jan 2014

Volume 37, No. 4

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Suzanne Kittell

Layout Editor: Kate Rothschild

Editors: Hannah Choo, Paul Neville, Alex Hartwig


Valuing Foreign Lives, Arden Rowell, Lesley Wexler Jan 2014

Valuing Foreign Lives, Arden Rowell, Lesley Wexler

Georgia Law Review

Should government actors allocate scarce domestic resources to protect the lives of foreign persons? This Article argues that foreign life valuation poses distinctive psychological, philosophical, social, political, and economic challenges, and analyzes current U.S. practices of foreign life valuation in light of these challenges. After identifying multiple possible methods of foreign life valuation, we suggest that the best default valuation method would allocate domestic resources according to domestic willingness to pay to protect foreign lives.


Richmond Law Magazine: Winter 2014 Jan 2014

Richmond Law Magazine: Winter 2014

Richmond Law Magazine

Features:

Cracking Down on Exported Corruption

The Little Sisters Who Sued

Professional Plaintiffs

Think Like A Lawyer, Write Like A Lawyer


Volume 38, No. 4 Jan 2014

Volume 38, No. 4

The Weldon Times

A student-run newspaper published at the Schulich School of Law at Dalhousie University.

Editor in Chief: Max Rothschild

Layout Editor: Kate Rothschild

Editors: Suzanne Kittle, Phil Moreria, Alex Gorlewski

Note: The issue was misprinted as Volume 37, no. 4


Canadian Bijuralism At A Crossroad? The Impact Of Section 8.1 Of The Interpretation Act On Judicial Interpretation Of Federal Legislation, Aline Grenon Jan 2014

Canadian Bijuralism At A Crossroad? The Impact Of Section 8.1 Of The Interpretation Act On Judicial Interpretation Of Federal Legislation, Aline Grenon

Osgoode Hall Law Journal

Section 8.1 of the Interpretation Act affirms the equal authority of the common law and civil law in the field of property and civil rights. The section states, subject to two exceptions, that federal enactments based on rules and concepts that are part of the law of property and civil rights are to be interpreted in accordance with these rules and concepts. Prior to the enactment of section 8.1 in 2001, courts had a tendency to opt for a uniform application of federal legislation based on common law concepts, with often negative results for Quebec civil law. Since then, the …