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Legislative Entrenchment Rules In The Tax Law, Amandeep S. Grewal 2010 University of Iowa College of Law

Legislative Entrenchment Rules In The Tax Law, Amandeep S. Grewal

College of Law Publications

No abstract provided.


Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper 2010 University of Richmond

Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper

Richmond Journal of Law and the Public Interest

This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.


Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie 2010 University of Richmond

Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie

Richmond Journal of Law and the Public Interest

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have ...


Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb 2010 University of Richmond

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Journal of Law and the Public Interest

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health ...


Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter 2010 Southwestern Law School

Legislative Epidemics: A Cautionary Tale Of Criminal Laws That Have Swept The Country, Catherine L. Carpenter

Buffalo Law Review

No abstract provided.


The Overlooked Significance Of Arizona's New Immigration Law, Rick Su 2010 State University of New York at Buffalo Law School

The Overlooked Significance Of Arizona's New Immigration Law, Rick Su

Michigan Law Review First Impressions

Immigration has once again become the subject of widespread interest and public debate. This renewed interest, however, was not the result of Harry Reid's vow that the Senate will tackle comprehensive immigration reform sometime this year. Nor was it prompted by new policy initiatives with respect to immigration enforcement being implemented by the Department of Homeland Security. Rather, it has been the result of legislative action taken in one state-Arizona. Arizona's move to regulate immigration has predictably raised questions about the proper role of a state with respect to an area dominated by federal legislation. Yet the discussion ...


There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye 2010 University of Richmond

There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye

Richmond Public Interest Law Review

This Article examines whether legislative and policy changes in the federal procurement system will result in major financial and integrity changes. Note that while government procurement activities undertaken by individual states are a substantive part of the Nation's economy, this Article is restricted to federal procurement law and policy. Part I discusses Title 41 of the United States Code, which provides the statutory authority for all federal procurement activities. Part I also briefly covers the supporting regulations known as the Federal Acquisition Rules ("FAR"). Part II examines the roles, membership and obligations of the Office of Federal Procurement Policy ...


Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie 2010 University of Richmond

Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie

Richmond Public Interest Law Review

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have ...


Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft 2010 Seattle University School of Law

Nothing Natural About It: Still Searching For A Solution To The Chapter 11 Stamp Tax Exemption, Lindsay K. Taft

Seattle University Law Review

In June of 2008, in Florida Department of Revenue v. Piccadilly Cafeterias, Inc., the Supreme Court settled a circuit split and issued a bright line rule stating that asset transfers made prior to the confirmation of a Chapter 11 plan of reorganization no longer benefit from certain tax exemptions. As a result, the cost of selling assets in a bankruptcy case outside of a plan will increase. The provision at issue in the case, which exempts asset transfers and sales from certain state taxes, contains language ambiguous enough that four federal circuit courts have contemplated which types of asset sales ...


Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist 2010 Barry University School of Law

Addict First, Criminal Second – Addiction Fueled Crimes Should Be Ineligible For The Three-Strikes Penalty, Scott Lindquist

Barry Law Review

The author of this article argues that drug addicts who finance their addiction through crime should be ineligible to receive a prison sentence under a recidivist statute like the three-strikes penalty. Part I introduces the problem, addiction and crime among current prisoners reported by the Department of Justice. Part II discusses Gary Ewing, an addict, a criminal, and a third strike offender. The story of Gary Ewing represents the injustices levied upon an addict/criminal by enhanced sentenced statutes like the three-strikes penalty. Part III is a discussion of the history of repeat offender statutes, primarily focusing on the inception ...


Taste Of Child Labor Not So Sweet: A Critique Of Regulatory Approaches To Combating Child Labor Abuses By The U.S. Chocolate Industry, Kemi Mustapha 2010 Washington University School of Law

Taste Of Child Labor Not So Sweet: A Critique Of Regulatory Approaches To Combating Child Labor Abuses By The U.S. Chocolate Industry, Kemi Mustapha

Washington University Law Review

No abstract provided.


Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland, Sara Klemm 2010 University of Maryland Francis King Carey School of Law

Keeping Prevention In The Crosshairs: A Better Hiv Exposure Law For Maryland, Sara Klemm

Journal of Health Care Law and Policy

No abstract provided.


Maryland's Conscience Clause: Leaving A Woman's Right To A Health Care Provider's Choice, Maria Cirincione 2010 University of Maryland Francis King Carey School of Law

Maryland's Conscience Clause: Leaving A Woman's Right To A Health Care Provider's Choice, Maria Cirincione

Journal of Health Care Law and Policy

No abstract provided.


Disability In America: A Minority Group For Everyone, Nicholas W. Ostreim 2010 Claremont McKenna College

Disability In America: A Minority Group For Everyone, Nicholas W. Ostreim

CMC Senior Theses

July 26, 2010 marked the twentieth anniversary of the Americans with Disabilities Act; the greater implications of comprehensive disability policy are yet to be seen. Nearly twenty percent of Americans have a disability. With such a significant portion of Americans affected, is equal access to employment opportunities, transportation, and communication available? The history of disability in America tells a story of isolation and institutionalization. The civil rights movement of the 1950’s and 60’s opened up an opportunity for America’s most versatile minority group. A survey conducted by the International Center for the Disabled in 1986 showed sixty-six ...


The Indian Child Welfare Act., Frank Vandervort 2010 University of Michigan Law School

The Indian Child Welfare Act., Frank Vandervort

Book Chapters

Few child welfare lawyers routinely confront the application of the Indian Child Welfare Act (ICWA or "the Act"). When the statute applies, however, it is crucial that its provisions be strictly followed. There are at least three reasons why counsel should attempt to ensure that ICWA's provisions are carefully applied. First, ICWA's provisions are jurisdictional. Failure to abide by its requirements invalidates the proceeding from its inception. Indeed, any party or the court may invoke ICWA at any time in the proceeding, including for the first time on appeal. Second, unlike most federal child welfare legislation which provides ...


Rawls And Reparations, Martin D. Carcieri 2010 San Francisco State University

Rawls And Reparations, Martin D. Carcieri

Michigan Journal of Race and Law

In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a "teaching moment" arising from these events. Moreover, his writings, speeches and lawmaking efforts illustrate the contractual nature of Obama's thinking. The President (and all concerned citizens) should thus find useful an analysis of racial policy and justice in light of the work of ...


2009-2010 Mid-Session Legislative Summary, Assembly Committee on Water, Parks and Wildlife 2010 Golden Gate University School of Law

2009-2010 Mid-Session Legislative Summary, Assembly Committee On Water, Parks And Wildlife

California Assembly

No abstract provided.


2009-2010 Summary, Assembly Committee on Agriculture 2010 Golden Gate University School of Law

2009-2010 Summary, Assembly Committee On Agriculture

California Assembly

No abstract provided.


Legislative Bill Summary 2009-10 Regular Session, Assembly Committee on Housing and Community Development 2010 Golden Gate University School of Law

Legislative Bill Summary 2009-10 Regular Session, Assembly Committee On Housing And Community Development

California Assembly

No abstract provided.


2010 Legislative Summary, Assembly Committee on Education 2010 Golden Gate University School of Law

2010 Legislative Summary, Assembly Committee On Education

California Assembly

No abstract provided.


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