Other Law Commons^™

The Securities And Exchange Commission Goes Abroad To Regulate Corporate Governance, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Richmond Law Magazine: Spring 2004

Richmond Law Magazine

Features:

Fighting Terrorism

The Marshall Seminars

After the Blackout

Trying the Snipers

Human Rights and Inequality

Are Private Automobile Insurance Companies Replacing Workers’ Compensation Coverage When The Employee/Insured Is Injured In The Course And Scope Of Employment By A Third-Party Tortfeasor?: Rubin V. State Farm Mutual Automobile Insurance Company, Micah Echols

The University of New Hampshire Law Review

[Excerpt] “Multiple sources for recovery are available for an employee who is physically injured by a third-party tortfeasor in the course and scope of employment. This is especially true when the physical injury triggers coverage under a health insurance policy or other type of insurance policy for medical benefits. First, assuming that the employer participates in workers’ compensation insurance, the employee is entitled to receive workers’ compensation benefits for medical expenses. Second, the employee can also recover payments for medical benefits from the third-party tortfeasor in a common-law negligence lawsuit. Third, the employee, who in this context would be considered …

Museletter: March 2004, Caroline L. Osborne

Museletter

This Issue:

"Massive Resistance": Prince Edward County, Virginia, 1954-1979 by John R. Barden, Head, Reference & Research Services

Law School Staff Participate in "Law School for a Day" by Gail Zwirner

Notary Anyone?

Spring Carrell Swap

Carrell Information for Graduates, Transfers, Visitors and Swaps

Museletter: February 2004, Caroline L. Osborne

Museletter

This Issue:

Brown at 50: Prince Edward County, Virginia by John R. Barden, Head, Reference & Research Services

DataSources: What's Next with Lexis and Westlaw? Highlights of Selected Fourth Quarter Changes

Bridge the Gap Between Law School and Work

The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen

Publications from President Jonathan G.S. Koppell

This article presents evidence of name-order effects in balloting from a study of the 1998 Democratic primary in New York City, in which the order of candidates' names was rotated by precinct. In 71 of 79 individual nominating contests, candidates received a greater proportion of the vote when listed first than when listed in any other position. In seven of those 71 contests, the advantage to first position exceeded the winner's margin of victory, suggesting that ballot position would have determined the election outcomes if one candidate had held the top spot in all precincts.

Salt Equalizer, Vol. 2004, Issue 1, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Howard A. Glickstein, 2003-04 SALT Salary Survey, at 1.

About SALT, at 3.

Enron.Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Trager Symposium: Our New Federalism? National Authority And Local Autonomy In The War On Terror: Introduction, Susan Herman

Faculty Scholarship

No abstract provided.

Beyond Reparations: An American Indian Theory Of Justice, William Bradford

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.

Flags, Bennett Capers

Faculty Scholarship

No abstract provided.

Public Service In A Time Of Crisis: A Report And Retrospective On The Legal Community's Response To The Events Of September 11, 2001

Fordham Urban Law Journal

The attacks on September 11, 2001 were unprecedented in scope, and the legal needs that grew out of the attacks were varied and far-reaching. This report summarizes the response of the legal community to these needs. The response was fast, thoughtful, comprehensive, and creative. And as a result, thousands of people were helped and thousands of lawyers were able to use their professional talents and skills in a manner that both led to important services being provided to people in need and resulted in great personal satisfaction. In response to 9/11, the institutions that make up the New York area …

Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis

Fordham Urban Law Journal

The New York legal community's response to the September 11th disaster provides an excellent example of pro bono assistance in a time of crisis. The New York response featured many well-trained lawyers with extensive resources and organizational efforts from the New York City bar. However, not all communities have the same resources and ability to mobilize for a large pro bono effort in response to a disaster. While the New York response was impressive, a lasting effect on pro bono participation or an improvement in the public's perception of the legal profession has not resulted. This essay explores whether, despite …

Auctioning For Loyalty: Selection And Monitoring Of Class Counsel, Alex Stein, Alon Harel

Faculty Scholarship

No abstract provided.

Access Denied: The Problem Of Abused Men In Washington, Melody M. Crick

Seattle University Law Review

This Comment explains how the Washington legislature and court system have failed to provide abused men with much needed protection, despite a law that is facially gender neutral. Following this Introduction, Part II explores the wording of Washington's domestic violence statutes and analyzes the current implementing regulations. Part III demonstrates that the problem of abused men is legitimate by examining increasing social awareness and the results of current studies. By examining the prevailing national viewpoint embodied in the Violence Against Women Act, Part IV discusses how such a viewpoint adversely affects the availability of resources for abused men. Part V …

Museletter: January 2004, Caroline L. Osborne

Museletter

This Issue:

Brown Plus Fifty: An Annotated Introduction to the School Desegregation Battles by John R. Barden, Head, Reference & Research Services

Recent Trend Reduces Need for Multiple Copiers

DataSources: Amazon.com's New Search Option

Additions to Special Collections

A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak

Fordham Urban Law Journal

This article discusses the pro bono response to the horrendous events of 9/11 and its ongoing importance. This is not simply because these efforts could replicated or improved on as a response in the event of another catastrophe. More importantly, what was and was not accomplished and by whom, plus the spillover effects of 9/11-related pro bono efforts, all have great significance to efforts to increase "regular” pro bono activities.

Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler

Fordham Urban Law Journal

The legal community's response to 9/11 was fast, thoughtful, comprehensive, creative, and collaborative. The success of the legal community's efforts must be measured not only by analysis of the response to the 9/11 crisis itself, but also by consideration of whether the lessons learned paved the way for an improved response for the legal community to the legal crises facing families every day. The Report on the New York City Bar's response to 9/11 outlined unmet legal needs, many of which still remain unmet. There is also a risk that those responding to the crisis were diverted from attending to …

Sarbanes-Oxley Act § 307 And Corporate Counsel: Who Better To Prevent Corporate Crime?, Peter J. Henning

Law Faculty Research Publications

No abstract provided.

Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley

Scholarly Works

To cope more effectively with the changed landscape of child exploitation, it is necessary for laws to expand their extraterritorial reach. Some statutes in the “child exploitation arena” have already been ruled to apply extraterritorially. The prime example of this is 18 U.S.C. § 2252 (2004) (certain activities relating to the material involving the sexual exploitation of minors). Two of the more useful statutes in combating online pedophiles are 18 U.S.C. § 1470 (2003) (transfer of obscene materials to minors) and 18 U.S.C. § 2422 (2003) (coercion and enticement). These latter statutes, however, have yet to receive significant or …

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Scholarly Works

Adding to the impressive body of work that has made her a leading voice in the fields of both alternative dispute resolution and professional responsibility, Carrie Menkel-Meadow's Saltman Lecture connects the theoretical exploration currently occurring on two parallel tracks: (1) theories of justice that investigate the ideal of a deliberative democracy; and (2) theories of alternative dispute resolution arising from its reflective practice. As she notes, theorists on both tracks are grappling with similar questions about the processes or conditions that will best bring together parties with widely divergent viewpoints to engage in consensus-building dialogue around contested issues.

However, while …

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson

Scholarly Works

In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …

Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse

Scholarly Works

Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's …

What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger

Scholarly Works

This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. …

Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson

Articles

Information is the lifeblood of regulatory policy. The effective use of governmental power depends on information about conditions in the world, strategies for improving those conditions, and the consequences associated with deploying different strategies. Indeed, this need for information has led legislatures to create specialized committee structures, delegate policy authority to expert agencies, and develop administrative procedures that encourage analysis. Although legal scholars have extensively debated procedures and reforms designed to improve the analytic and scientific basis of regulatory policymaking, they have paid relatively little attention to how regulators gain the information they need for making and implementing regulatory policy. …

Ftc Seeks Monetary Damages From Violators Of The Do Not Call List, Emily Rozwadowski

Public Interest Law Reporter

No abstract provided.

Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2004-2006, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Introduction: Fordham Sports Law Forum, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Introduction to the Fordham Sports Law Forum at Fordham University School of Law.

Since its founding in 1996, the Fordham Sports Law Forum has attracted numerous distinguished speakers to the school who have graciously shared their expertise and insight into the intersecting worlds of sports, law, and business. These participants have greatly enriched and invigorated the academic environment for many of your students and have made this venue one of the highlights of the academic year.

Un-Making Law: The Classical Revival In The Common Law, Jay Feinman

Seattle University Law Review

This article describes the possibility of a classical revival in the common law and situates the revival in its historical context. Part I sets the stage by briefly summarizing a century and a half of common-law development. At the end of the Nineteenth Century, classical legal thought envisioned a highly systematic body of law through which courts could mechanically apply abstract legal concepts to reach determinate results, producing limited liability in contract and tort law and expansive property rights. Critics beginning with Holmes and notably including Progressives and legal realists attacked classical law as incomplete and incoherent. Their critique was …