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Disciplining Public Employees For Expressive Activity, Ann C. Hodges Jan 2006

Disciplining Public Employees For Expressive Activity, Ann C. Hodges

Law Faculty Publications

A public employee's right to free speech under the First Amendment is not unlimited and employers have the right to discipline employees for expressive activity under certain circumstances (Pickering v. Board of Education, 391 U.S. 563, 1968). The employer has an interest in ensuring that its etnployees do not under1nine its operations or ll1terfere with acco1nplishment of its objectives. At the same time, employees do not give up their constitutional rights when they accept government employment.


Tucker’S Rule: St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash Jan 2006

Tucker’S Rule: St. George Tucker And The Limited Construction Of Federal Power, Kurt T. Lash

Law Faculty Publications

When Joseph Story published his Commentaries on the Constitution in 1833, he dedicated the work "To the Honorable John Marshall," whose "expositions of constitutional law enjoy a rare and extraordinary authority. They constitute a monument of fame far beyond the ordinary memorials of political and military glory." Throughout the Commentaries, Story generously quoted Chief Justice Marshall's great nationalist opinions in McCulloch v. Maryland, Gibbons v. Ogden, and Cohens v. Virginia and used them to construct a thoroughly nationalist reading of the federal Constitution. Along the way, Story seemingly dismantled prior states' rights interpretations of federal power, particularly St. George Tucker's …


Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia Jan 2006

Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia

Law Faculty Publications

The Federal Circuit's recent nonobviousness jurisprudence has been the subject of much criticism. Reports from the Federal Trade Commission and the National Research Council and a pending petition for certiorari to the Supreme Court all conclude that the Federal Circuit has improperly relaxed the nonobviousness standard. Most of this criticism focuses on the Federal Circuit's implementation of part of the nonobviousness inquiry - the suggestion test. The suggestion test queries whether a suggestion to make the invention existed before the invention's creation. The Federal Circuit allegedly requires a suggestion to come solely from prior art references. The court ignores other …


Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue Jan 2006

Cumulative Supplement To Jurisdiction In Civil Action, Wendy Collins Perdue

Law Faculty Publications

Cumulative supplement to Jurisdiction in Civil Action Third Edition.


Reassessing Charitable Immunity In Virginia, Carl W. Tobias Jan 2006

Reassessing Charitable Immunity In Virginia, Carl W. Tobias

Law Faculty Publications

Although most states have legislatively or judicially abolished the once-prevalent doctrine of charitable immunity, the Supreme Court of Virginia and the Virginia General Assembly have essentially retained the doctrine intact. Moreover, the Supreme Court of Virginia has declared on numerous occasions that it is the prerogative of the General Assembly, not the court, to abolish charitable immunity. Because Virginia doctrinal developments which involve charitable immunity do not comport with trends across the country and have significant implications for plaintiffs, and for defendants which assert charitable immunity, these doctrinal developments warrant analysis. This essay undertakes that effort.


The Common Law Of England In Virgina From 1776 To 1830, J. Thomas Wren Jan 2006

The Common Law Of England In Virgina From 1776 To 1830, J. Thomas Wren

Jepson School of Leadership Studies articles, book chapters and other publications

The Virginia Court of Appeals embraced, on the whole, the English legal heritage, despite the violent separation from Great Britain in 1776. This loyalty to English precedents was an illustration of the conservative tenor of the Revolution in Virginia. The English common law continued to be revered because it was perceived to be a bulwark of English, and hence American, liberty. Adherence to English precedent also maintained stable rules of law, which in turn protected existing property rights. At the same time, however, the Court of Appeals was not slavishly devoted to the common law, and the court's departures from …


Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink Jan 2006

Community Plans To Address Domestic Violence: An Overview Of Domestic Violence Within The Context Of Family And Community Violence, Rhonda Vickery Impink

Richmond Public Interest Law Review

The purpose of this article is to review the various conceptual components of the issue of domestic violence by first explicating the numerous challenges to understanding the complexity of this issue. The societal costs from domestic violence within the broader purview of sexual assault, family violence and other violence in the community are described, as well as the challenges of developing community collaboration initiatives to comprehensively address family violence. Highlights are presented from a process evaluation from one community's efforts to develop a community plan for a comprehensive and collaborative family violence approach that encompasses governmental, for-profit and nonprofit sectors. …


Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis Jan 2006

Virginia's Sexually Violence Predators Act: A Guide For Virginia [Court-Appointed] Attorneys, Neal Lewis

Richmond Public Interest Law Review

Following this introduction, Part I deals with a brief historical perspective on SVP statutes. Part II provides an outline of the preliminary processes involved before an SVP civil commitment proceeding is started. Part III discusses the courtroom phases of trial, both the probable cause hearing and the trial itself. Part IV discusses the options for the judge following trial. This comment concludes with a discussion of some possible approaches for the courtappointed attorney in handling SVP civil commitment cases.


Civil Disobedience In The Jury Room: Give Juries The Right To Go With Their Power, Robert J. Gallaghe Jan 2006

Civil Disobedience In The Jury Room: Give Juries The Right To Go With Their Power, Robert J. Gallaghe

Richmond Public Interest Law Review

This Comment will argue that jury nullification is not only a power enjoyed by juries throughout America, but a duty conferred on jurors, and a part of the criminal justice system that should be embraced, not hidden from sight. Part I will highlight the historical origins and justifications of jury nullification. It will also discuss jury nullification in its contemporary context. Part II will address some of the criticisms of jury nullification and provide responses to those criticisms. Finally, Part III will propose a framework for integrating jury nullification into the regular criminal justice process.


Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush Jan 2006

Through The Looking Glass: Judicial Deference To Academic Decision-Making, Douglas K. Rush

Richmond Public Interest Law Review

This paper will review the statutory mandates of Section 504 and the ADA and examine the extent to which courts are willing to defer to institutional decisions concerning program modifications to accommodate learning disabled students. Courts have long recognized that academic decision-makers are entitled to deference, especially when their decisions concern issues related to educational programs. Courts must be vigilant, however, to properly weigh their role as the enforcers of Congressional legislation against the judicial policy of deference to academic decisions. Section I of this article will review the federal statutory and regulatory frameworks governing disability accommodations as they relate …


The Rationality Of Law Students' Career Choices, Aaron Haas Jan 2006

The Rationality Of Law Students' Career Choices, Aaron Haas

Richmond Public Interest Law Review

Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …


Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin Jan 2006

Who's Afraid Of Promissory Estoppel: Charitable Giving In Virginia And The Enforceability Of Promised Gifts, Charlotte Dauphin

Richmond Public Interest Law Review

In May of 2005, the Virginia Museum of Fine Art ("VMFA") announced that collectors James W. and Frances G. McGlothlin intend to bequeath their collection of American realist art. The bequest is valued at $100 million, and includes 33 American paintings, drawings and watercolors as well as a new wing for the museum. However, what happens if the McGlothlins change their mind? Is there any way for the VMFA, or any museum in Virginia, to improve the enforceability of charitable pledges of works of art?


Smith V. City Of Jackson: Disparate Impact In Age Discrimination Cases, Michael Leedom Jan 2006

Smith V. City Of Jackson: Disparate Impact In Age Discrimination Cases, Michael Leedom

Richmond Public Interest Law Review

In the wake of the landmark Civil Rights Act of 1964, an act which protected minorities and women from employment discrimination but did not prohibit discrimination based on age, Congress enacted the Age Discrimination in Employment Act of 1967 (hereinafter "ADEA"). This act prohibits an employer from taking actions which "would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's age." At first glance, this statutory prohibition would seem to be very similar to Title VII of the Civil Rights Act of 1964, and indeed the …