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7,607 full-text articles. Page 43 of 213.

Resolving Regulatory Threats To Tenure, Joseph W. Yockey 2023 University of Iowa College of Law

Resolving Regulatory Threats To Tenure, Joseph W. Yockey

University of Richmond Law Review

Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education law and policy and have important implications for the future of academic freedom. Indeed, if they gain further traction, current regulatory threats to tenure will jeopardize the ability of American universities to remain at the forefront of global research and intellectual progress.

This Article examines the growing anti-tenure sentiment among state officials and …


Georgia Uniform Superior Court Rule 43.6: A Solution In Search Of A Problem, Robert V. Rodatus 2023 Mercer University School of Law

Georgia Uniform Superior Court Rule 43.6: A Solution In Search Of A Problem, Robert V. Rodatus

Mercer Law Review

On February 11, 2021, the Supreme Court of Georgia approved Uniform Superior Court Rule 43.62 (Rule) relating to mandatory continuing education requirements for assisting superior court judges. The amended rule provides:

A judge appointed as an assisting superior court judge from another class of court pursuant to OCGA § 15-1-9.1 and who sits as a superior court judge for more than 15 days during a calendar year, or handles a final hearing or bench or jury trial as a superior court judge, shall attend superior court specific judicial education programs or training (the “training”) totaling a minimum of 12 hours …


2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School of Law 2023 Roger Williams University

2023 Ruth Bader Ginsburg Essay/Art Contest, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Conditional Purging Of Wills, Mark Glover 2023 University of Wyoming College of Law

Conditional Purging Of Wills, Mark Glover

University of Richmond Law Review

The laws of most states unconditionally purge a testamentary gift to an individual who serves as an attesting witness to the will. Under this approach, the will is valid despite the presence of an interested witness, but the witness forfeits all, some, or none of her gift, depending on the particularities of state law. While the outcome of the interested witness’s gift varies amongst the states that adhere to this majority approach, the determination of what the interested witnesses can retain is the same. The only consideration is whether the beneficiary is also a witness; whether her gift is purged …


The Legal Ethics Of Family Separation, Milan Markovic 2023 Texas A&M University School of Law

The Legal Ethics Of Family Separation, Milan Markovic

University of Richmond Law Review

On April 6, 2018, the Trump administration announced a “zero tolerance” policy for individuals who crossed the U.S. border illegally. As part of this policy, the administration prosecuted parents with minor children for unlawful entry; previous administrations generally placed families in civil removal proceedings. Since U.S. law does not allow children to be held in immigration detention facilities pending their parents’ prosecution, the new policy caused thousands of children to be separated from their parents. Hundreds of families have yet to be reunited.

Despite a consensus that the family separation policy was cruel and ineffective, there has been minimal focus …


Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett 2023 University of Richmond School of Law

Cftc & Sec: The Wild West Of Cryptocurrency Regulation, Taylor Anne Moffett

University of Richmond Law Review

Over the past few years, a turf war has been brewing between the Commodity Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”) over which agency should regulate cryptocurrencies. Both agencies have pursued numerous enforcement actions over the cryptocurrencies they believe to be within their jurisdiction. This turf war has many moving components, but the focus always comes back to one question: which cryptocurrencies are commodities, and which cryptocurrencies are securities? The distinction is important because the CFTC has statutory authority to regulate commodities, whereas the SEC has statutory authority to regulate securities. This Comment rejects the pursuit …


Table Of Contents, 2023 University of Richmond

Table Of Contents

University of Richmond Law Review

No abstract provided.


Memorizing Trade Secrets, Timothy E. Murphy 2023 University of Idaho College of Law

Memorizing Trade Secrets, Timothy E. Murphy

University of Richmond Law Review

The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information’s relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …


“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock 2023 University of Richmond School of Law

“If You Build It, They Will Come”: Reverse Location Searches, Data Collection, And The Fourth Amendment, Matthew L. Brock

University of Richmond Law Review

On January 6, 2021, the world looked on, stunned, as thousands of rioters stormed the U.S. Capitol on live television in support of then-President Donald Trump. In the days and weeks that followed, federal law enforcement scrambled to identify those involved in the attack, in what has become the largest criminal investigation in American history. Whereas even 20 years prior it would have been difficult to identify those involved, as of February 2023, more than 950 people have been identified and charged in relation to the January 6th Capitol attack. Many of these individuals were identified using a wide array …


“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman 2023 University of Richmond School of Law

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman

University of Richmond Law Review

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …


The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner 2023 Villanova University Charles Widger School of Law

The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner

Villanova Law Review (1956 - )

No abstract provided.


Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton 2023 Villanova University Charles Widger School of Law

Embracing Deference, Edward K. Cheng, Elodie O. Currier, Payton B. Hampton

Villanova Law Review (1956 - )

No abstract provided.


The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill 2023 Villanova University Charles Widger School of Law

The "Crisis Of Expertise" Reaches The Courtroom: An Introduction To The Symposium On, And A Response To, Edward Cheng's Consensus Rule, David S. Caudill

Villanova Law Review (1956 - )

No abstract provided.


The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins 2023 Villanova University Charles Widger School of Law

The Owls: Some Difficulties In Judging Scientific Consensus, Harry Collins

Villanova Law Review (1956 - )

No abstract provided.


The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans 2023 Villanova University Charles Widger School of Law

The Consensus Rule: Judges, Jurors, And Admissibility Hearings, Robert Evans

Villanova Law Review (1956 - )

No abstract provided.


The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel 2023 Villanova University Charles Widger School of Law

The Adversity Of Adversarialism: How The Consensus Rule Reproduces The Expert Paradox, Martin Weinel

Villanova Law Review (1956 - )

No abstract provided.


Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues 2023 Roger Williams University School of Law

Law School News: Rwu Law Names Judge Brian Stern As Chair Of Board Of Directors, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.


Masthead And Table Of Contents, Deepika Chandrashekar 2023 Pepperdine University

Masthead And Table Of Contents, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman 2023 Villanova University Charles Widger School of Law

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal (1991 - )

No abstract provided.


What Can Be Done About Backlogs, Merritt E. McAlister, Adalberto Jordán, Kimberly J. Mueller 2023 University of Florida Levin College of Law

What Can Be Done About Backlogs, Merritt E. Mcalister, Adalberto Jordán, Kimberly J. Mueller

UF Law Faculty Publications

Moderated conversation discussing the reality of caseloads, their pressures, and potential solutions. The conversation was with federal appellate court judge—Adalberto Jordán of the U.S. Court of Appeals for the Eleventh Circuit— and a federal district court judge— Kimberly J. Mueller, chief judge of the U.S. District Court for the Eastern District of California. Moderating the conversation is Merritt McAlister, interim dean and Levin, Mabie & Levin Professor of Law at the University of Florida Levin College of Law.


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