Copyright (c) 2010 All rights reserved. http://works.bepress.com/mathew_staver Recent documents in Mathew D. Staver en-us Wed, 24 Mar 2010 00:14:21 PDT 3600 http://works.bepress.com/mathew_staver/10 http://works.bepress.com/mathew_staver/10 Mon, 22 Mar 2010 14:06:26 PDT Mathew D. Staver writes about the Abstention Doctrine. The Article provides an analysis of the Anti-Injunction Act and the applicability of the Pullman, Younger, Rooker-Feldman, Brillhart, and Colorado River Abstention Doctrines, paying particular attention to how each doctrine affects a litigator's practice. Mathew D. Staver http://works.bepress.com/mathew_staver/8 http://works.bepress.com/mathew_staver/8 Thu, 10 Sep 2009 12:27:03 PDT This history of church-state relations in the Commonwealth of Virginia date back to Thomas Jefferson and James Madison. Efforts by Jefferson and others to disestablish the state church may be likened to an army conquering a foreign enemy. The state established church was viewed as a remnant of the British government. Disestablishment was considered to be part of the ongoing Revolution. As this article will show, the methods of disestablishment included prohibiting the incorporation of churches, confiscating property, and limiting the amount of real and personal property that churches may own. Mathew D. Staver http://works.bepress.com/mathew_staver/7 http://works.bepress.com/mathew_staver/7 Mon, 24 Aug 2009 10:13:51 PDT Mathew D. Staver http://works.bepress.com/mathew_staver/5 http://works.bepress.com/mathew_staver/5 Tue, 17 Mar 2009 10:45:21 PDT The apportionment of benefits between a claimant and a carrier and contribution of benefits between multiple carriers has been a confusing area of law which has generated conflicting appellate court opinions. This article will explore the differences between Florida Statutes sec. 44012(5)(a) in sec. 440.42(3). After discussing the differences, this article will then focus on the multiple applications of sec. 440.42(3), the section dealing with the contribution of responsibility between carriers. Mathew D. Staver Workers' Compensation http://works.bepress.com/mathew_staver/4 http://works.bepress.com/mathew_staver/4 Wed, 04 Feb 2009 09:58:06 PST An employee who is injured in the course and scope of employment may be entitled to receive indemnity and medical benefits. However, the employer/carrier (E/C) also may be entitled to offset certain collateral benefits against workers' compensation indemnity benefits. The purpose behind the offset rules is to prevent an injured employee from reaping a windfall from the work accident so that the employee is not compensated more after than before the accident. Mathew D. Staver Workers' Compensation http://works.bepress.com/mathew_staver/3 http://works.bepress.com/mathew_staver/3 Mon, 02 Feb 2009 12:49:30 PST Law schools are not preparing lawyers for the practice of law. While modern legal education may teach analytical reasoning, skills training continues to suffer. The lawyering skills program developed by the Liberty University School of Law addresses the need to train lawyers in the practice of law. When seeking to build a top quality law school, Liberty University took seriously the challenge to address the void in legal education, particularly with respect to lawyering skills. The foundational principles of law are infused into the legal curriculum and lawyering skills program. The required substantive law courses are structured to have a relationship with lawyering skills so that they mutually reinforce each other. Mathew D. Staver Legal Education http://works.bepress.com/mathew_staver/2 http://works.bepress.com/mathew_staver/2 Mon, 02 Feb 2009 12:49:30 PST To understand the flaws of the ABA accreditation process, this article will overview the experience of Barry University School of Law (Barry) with ABA accreditation. Section II will discuss the development and structure of the ABA. Section III will argue that the ABA's delegation of authority to an internal advisory body to render accreditation decisions, which bind the ABA, is an ultra vires act forbidden both by the laws of its state of incorporation and by the ABA Constitution. Section IV will then discuss the ABA accreditation process as applied to Barry. In Section V, this article will address federal antitrust concerns of ABA accreditation. Mathew D. Staver Legal Education http://works.bepress.com/mathew_staver/1 http://works.bepress.com/mathew_staver/1 Mon, 02 Feb 2009 11:42:05 PST This article deals with the legal status of postoperative transsexuals in terms of marriage and sex-based classifications. Until recently, sex has been assumed to be binary, i.e., male and female. Whether sex is immutable or transitory, objective or subjective, has now become an international concern. This article addresses every case in the world every decided on this issue. The resolution is centrally important to the battle over marriage and sex0based classifications. The thesis of this article is that sex is an immutable characteristic at the time of birth and must be determined by objective criteria. Sex must be determined by objective factors such as biology and physiology. A person's sex is determined by chromosomes. When there is harmony between biology and physiology, surgery cannot alter a person's sex merely because that person desires a different gender. If sex is primarily a state of mind and based on subjective mental desires, equal protection for sex-based classifications becomes meaningless. To maintain any stability and meaning to sex-based classification, sex must (and can) be determined by objective factors. Mathew Staver Constitutional Law