Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts.,
2013
St. Mary's University
Secured Transaction History: Protecting Holmes' Notes Through The Conditional Sales Acts., George Lee Flint Jr.
St. Mary's Law Journal
The historical explanation for the adoption of the conditional sales acts is woefully lacking. How and why the first conditional sales acts arose are investigated. Grant Gilmore, when presenting his theory, confessed ignorance concerning the origins of the conditional sale transaction, first known as Holmes’ notes. The failure of traditional legal historians to explain the passage of the conditional sales acts encourages inquiry into their legislative history to find an explanation. Pre-Act American decisions provide clues regarding the ratification of the acts. The courts provided three explanations for their passage: to treat the conditional sale as a chattel mortgage, to …
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale.,
2013
St. Mary's University
The South Texas Drought And The Future Of Groundwater Use For Hydraulic Fracturing In The Eagle Ford Shale., Taelor A. Allen
St. Mary's Law Journal
Texas has undergone a succession of historic droughts, each one creating unique problems and controversies. The state is also one of the largest national producers of oil and gas with the Eagle Ford Shale fields contributing to the production boom. The technique used to extract the oil is called hydraulic fracturing, which requires large volumes of water to be injected at high pressures to “frac” and release gas from an underground formation. The amount of water required places even greater strain on the regional water supply. This Comment highlights legal issues raised by the high volumes of groundwater used for …
Religious Freedom Legislation In The 2013 Virginia General Assembly,
2013
University of Richmond
Religious Freedom Legislation In The 2013 Virginia General Assembly, Ellis M. West
Richmond Public Interest Law Review
This article consists of the following sections: Section one presents the content of the proposed amendment and explains the ways in which it is unclear, redundant, and otherwise poorly written. Section two addresses the issue of whether the provisions intended to protect religious expression, including prayer, are necessary and can solve the problems they are intended to solve. It also identifies the crucial challenge in cases involving religious expression - namely, determining correctly whether it is the government or a private individual or group that is expressing or promoting a religious belief or practice. This determination must be made because …
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013,
2013
University of Richmond
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt
Richmond Public Interest Law Review
This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the …
The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session,
2013
University of Richmond
The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen
Richmond Public Interest Law Review
In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …
The Grapes Of Wrath: Encouraging Fruitful Collaborations Between Local Governments And Farm Wineries In The Commonwealth,
2013
University of Richmond
The Grapes Of Wrath: Encouraging Fruitful Collaborations Between Local Governments And Farm Wineries In The Commonwealth, Andrew E. Tarne
Law Student Publications
While there is fairly substantial federal regulation in the field of wine law, this essay's scope will be limited to the interplay of Virginia's state and local laws that affect wineries close to home. Within that scope, this essay's purpose is threefold. First, it will highlight the key legislation and ordinances that affect farm wineries. Second, it will discuss the interplay between state and local level regulations, concluding that the General Assembly has intended to retain near exclusive regulatory powers over farm wineries. Third, it will briefly analyze the impact of the wine industry on three Virginia counties, concluding that …
Federalism As A Preventive Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013,
2013
University of Richmond
Federalism As A Preventive Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt
Law Student Publications
This comment will delve into the question of whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the Federal Government …
Regulating The Behavior Of Lawyers In Mass Individual Representations: A Call For Reform.,
2013
St. Mary's University
Regulating The Behavior Of Lawyers In Mass Individual Representations: A Call For Reform., Richard Zitrin
St. Mary's Journal on Legal Malpractice & Ethics
Cases in which lawyers represent large numbers of individual plaintiffs are increasingly common. While these cases have some of the indicia of class actions, they are not class actions, usually because there are no common damages, but rather individual representations on a mass scale. Current ethics rules do not provide adequate guidance for even the most ethical lawyers. The absence of sufficiently flexible, practical ethical rules has become an open invitation for less-ethical attorneys to abuse, often severely, the mass-representation problem. It is necessary to reform the current rules, but only with a solution that is both practical and attainable, …
The Litigation Privilege In Texas.,
2013
St. Mary's University
The Litigation Privilege In Texas., Sam Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Certain Texas cases have arisen where one party in litigation sues the attorney representing an opposing party. In response to such cases, Texas courts promulgated a judicial doctrine generally referred to as the litigation privilege or qualified immunity in order to protect litigants’ right to zealous representation from their attorney. The general rule is that one party to a lawsuit cannot sue the other party’s attorney. However, exceptions to this doctrine exist. This article explores the contours of the litigation privilege in Texas by analyzing the primary Texas cases where one party’s claim against the opposing party’s attorney was dismissed …
Introduction,
2013
St. Mary's University
Introduction, Kathryn A. Stephens
St. Mary's Journal on Legal Malpractice & Ethics
Introduction
Guilt By Association: How “Standby Co-Counsel” Exposes Attorneys To Malicious Prosecution Liability.,
2013
St. Mary's University
Guilt By Association: How “Standby Co-Counsel” Exposes Attorneys To Malicious Prosecution Liability., Colleen V. Lisowski
St. Mary's Journal on Legal Malpractice & Ethics
Attorneys should not assume that lending their name to a case is a risk-free practice. The California appellate decision, Cole v. Patricia A. Meyer & Associates, answered the question of whether non-participating, standby co-counsel could be held liable for malicious prosecution by merely being listed as counsel of record. Cole established the clear message behind being aware of “co-counsel” risks. According to the court, co-counsel cannot escape liability if they failed to know enough about the case. By rejecting the “passive counsel” defense, Cole held that associated attorneys still have a duty to research the validity of a case even …
Evidentiary Standards In The Legal Malpractice Trial-Within-A-Trial.,
2013
St. Mary's University
Evidentiary Standards In The Legal Malpractice Trial-Within-A-Trial., F. Parks Brown
St. Mary's Journal on Legal Malpractice & Ethics
Like malpractice actions in general, the standards of proof required for each element of a legal malpractice claim evolved as legal malpractice claims became increasingly common. State and federal courts consequently produced a diverse range of opinions as jurisdictions continually adjust to evolving standards. The courts often seek to balance these standards of proof against their own precedent and the need to serve their particular notions of equity and justice. Perhaps the most contentious of these evolving standards of proof is the current state of the causation element, which is a critical test that must be satisfied to prevail in …
Benefit Corporations: A Challenge In Corporate Governance,
2013
University of Colorado Law School
Benefit Corporations: A Challenge In Corporate Governance, Mark J. Loewenstein
Publications
Benefit corporations are a new form of business entity that is rapidly being adopted around the country. Though the legislation varies from jurisdiction to jurisdiction, most statutes are based on a model proposed and promoted by B Lab, itself a nonprofit corporation. The essence of these statutes is that, in making business judgments, the directors of a benefit corporation must consider the impact of their decisions on the environment and society. The model legislation, though, may create serious governance issues for the directors of benefit corporations that operate under these laws. This article analyzes the model legislation and identifies its …
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops,
2013
Western New England University School of Law
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
Student Competition & Published Writings
The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …
Beinor V. Industrial Claims Appeals Office,
2013
New York Law School
Beinor V. Industrial Claims Appeals Office, Emma S. Blumer
NYLS Law Review
No abstract provided.
The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session,
2013
University of Richmond
The All Students Initiative, Anti-Bullying And Athletics For Home-Schooled Children: Education Reform In The 2013 General Assembly Session, Ashley Allen
Richmond Journal of Law and the Public Interest
In 2012, Virginia Governor Robert F. McDonnell announced "The Governor's K-12 Education Reform Summit: Investing in Students Today, Creating the Workforce of Tomorrow. " With this announcement, the Governor praised the Commonwealth's public school system while underscoring the need for improvement by stating, "Until every child, in every zip code is guaranteed access to a quality education, we have not done our job." The Governor's summit brought legislators, education stakeholders, and policymakers into one room to discuss issues facing the K-12 education system, such as teacher pay, educational choice, technology and innovation, and workforce development." At the summit, the Governor …
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013,
2013
University of Richmond
Federalism As A Preventative Measure: Avoiding State Enforcement Of Federal Anti-Gun Legislation In 2013, Brielle Hunt
Richmond Journal of Law and the Public Interest
This comment will delve into this question, seeking to answer whether or not the Constitution allows states to refuse to comply with federal law. This analysis requires the application of a constitutional principle that reaches far beyond the scope of the Right to Bear Arms; it calls into play the vertical separation of powers and the rights belonging to state sovereigns described in the Tenth Amendment. The comment will proceed as follows. Part II will address the constitutionality of House Bill 2340, compared against other kinds of legislation and in light of case law. It will be argued that the …
In Re Gilmore,
2013
New York Law School
Ensuring Remedies To Cure Cramming,
2013
University of Colorado Law School
Ensuring Remedies To Cure Cramming, Amy J. Schmitz
Cardozo Journal of Conflict Resolution
On July 23, 2012, the Federal Trade Commission ("FTC") called wireless telephone bill cramming "a significant consumer problem," and both the FTC and Federal Communications Commission ("FCC") have been delving into the morass of concerns regarding cramming with respect to landline (or wired) telephone billing. "Cramming" occurs when a third party unaffiliated with a customer's telephone company adds charges to the telephone bills that the company sends to the customer. These charges can be for anything from horoscopes to long-distance telephone services.
A Research Agenda For Uncooperative Federalists,
2013
Duke Law School
A Research Agenda For Uncooperative Federalists, Ernest A. Young
Faculty Scholarship
No abstract provided.
