Digital Commons Network^™

Conceptions Of Heroic Leadership In Civil Society, Theresa A. Thorkildsen

Heroism Science

While nations face multiple disruptions to civil society, individuals in late adolescence and early adulthood are overlooked for heroic leadership opportunities in some cultures. An underestimation of individuals’ abilities is sometimes fostered by biological definitions of human development that align competence with physical changes in the brain (Blakemore, 2012). Prolonged exposure to such disregard can encourage individuals to restrict the information they notice, fostering distortion in the intentions that support leadership readiness (Pratkanis, 2007). Studies of individuals’ conceptions of how the world operates can improve leadership readiness if such evidence is used to verify that individuals notice essential information. Using …

Appoint Judge Ana De Alba To The Ninth Circuit, Carl Tobias

University of Richmond Law Review

The United States Senate must rapidly appoint Eastern District of California Judge Ana de Alba to the Ninth Circuit. This appellate tribunal is a preeminent regional circuit, which faces substantial appeals, has the largest complement of jurists, and clearly includes a massive geographic expanse. The nominee, whom President Joe Biden designated in spring 2023, would offer remarkable gender, experiential, ideological, and ethnic diversity realized primarily from serving productively with the California federal district, and state trial, courts after rigorously litigating for one decade in a highly regarded private law firm. For over fifteen years, she deftly excelled in law’s upper …

Writing Centers & The Dark Warehouse University: Generative Ai, Three Human Advantages, Joe Essid

Interdisciplinary Journal of Leadership Studies

Institutions are scrambling, at an unaccustomed pace, to adapt to generative artificial intelligence. While justified concerns focus on plagiarism, the nature of student learning, and changes to assignments, recent scholarship has largely ignored the potential for faculty and staff unemployment that may accompany acceptance and deployment of the new technology. As we ponder seismic changes in higher education, one voice should join, indeed lead, campus discussions. Writing center professionals have proven adept at weathering technological changes, budget cuts, administrative big ideas, and professional marginalization for more than half a century. Early on, centers were sometimes dismissed as mere “fix-it shops” …

Reacting To The Past As Education For Leadership, Javier S. Hidalgo

Interdisciplinary Journal of Leadership Studies

How can courses on leadership effectively cultivate students’ leadership skills? This reflective essay explores how one form of role-playing called Reacting to the Past can promote students’ leadership skills and deepen their understanding of leadership. Reacting to the Past is a series of immersive role-playing simulations that are set at key moments in history and that require students to play the part of historical actors over the course of several weeks. I argue that Reacting to the Past encourages students to practice leadership skills in an authentic context, improves students’ understanding of leadership by allowing them to observe and participate …

College Students’ Loneliness, Feelings About Social Media, And Depressive Symptoms During Covid-19: Between And Within-Person Temporal Associations, Karen Kochel, Catherine L. Bagwell, Samara Rosen

Interdisciplinary Journal of Leadership Studies

During COVID-19, many institutions of higher education implemented health protocols that reduced college students’ in-person interactions and prompted an uptick in their social media use. Although social media has often been implicated in the development of psychosocial difficulties, we tested an alternate hypothesis – that, during the pandemic, students’ feelings about social media for interpersonal connection (i.e., FSMIC), would contribute to reductions in loneliness and depressive symptoms. To investigate temporal associations between loneliness, FSMIC, and depression, we estimated random-intercept cross-lagged panel models (RI-CLPM), permitting the disaggregation of between- and within-person effects. Participants (N = 517 undergraduates, M_age = …

A General Model Of Good Executive Leadership In Policy Contexts, Thad Williamson

Interdisciplinary Journal of Leadership Studies

This commentary stipulates a general model of policy leadership, encompassing decision-making, implementation, and evaluation. The model stresses attaining clarity about the nature of the issue being addressed, the values at stake, and the possible outcomes of alternative courses of action. While focused on the context of elected executives in municipal government, the stipulated model has broader applicability to other contexts. The article contends that following the model may both improve the effectiveness of political leaders and help build consensus (or compromise) among distinct political actors.

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Courtney Squires

Richmond Public Interest Law Review

No abstract provided.

Building A Recovery Ecosystem For The Catawba Region, Mary Beth Dunkenberger, David Moore, Lara Nagle, Sam Rasoul

Richmond Public Interest Law Review

The opioid and addiction crisis has become a defining characteristic of

21st century America, profoundly affecting the Commonwealth of Virginia in

terms of lives lost, families devastated, communities compromised, and

economic and opportunity costs at multiple levels. This scenario originated

with a rapid increase in opioid prescriptions issued to patients by health care

providers for various pain diagnoses during the 1990s and into the early

2000s. Despite early warnings that the new opioid formulations were far

more addictive than indicated by faulty research trials and marketing claims,

treating pain as the “fifth vital sign” became a widespread practice as a …

The Way Forward: A Review Of Virginia’S 2023 Regular General Assembly Session, Benjamin Raab, Mariam Rasooli

Richmond Public Interest Law Review

The 2023 General Assembly Session can best be defined by the success of

bipartisanship. In an era of heightened polarization, Virginia legislators

were able to meet across the aisle on a number of relevant issues. This article

will provide a summary of key bills that were passed during the 2023 Regular

and Special Sessions. The other articles within this issue touch upon the

following topics: the Virginia Commission on School Construction and

Modernization, family law, and the opioid and addiction crises. This article

summarizes legislation passed with bipartisan support in the areas of: drugs,

mental healthcare, labor and commerce, public …

Woulda, Coulda, Shoulda: How Virginia’S Everchanging Politics Creates (Missed) Opportunities For Major Policy Decisions, Carlos Hopkins, Abigail Thompson

Richmond Public Interest Law Review

Benjamin Franklin may have been discussing the new United States

Constitution when he penned this note to his friend, French scientist Jean-

Baptiste Le Roy, but he could easily have been referring to politics in

Virginia. Virginia House of Delegates members and members of the

Congressional House of Representatives serve two-year terms. Members of

the Virginia Senate serve four-year terms. United States Senators serve sixyear

terms. And the Governor, Lieutenant Governor and Attorney General

all serve four-year terms with only the Governor constitutionally limited to a

single four-year term. With all of these terms being staggered across the

various offices, …

Family Time: A Selection Of Bills From The Virginia 2023 Legislative Session Relating To Family, Intimate Partner Violence, And Child Welfare, Valerie L'Herrou

Richmond Public Interest Law Review

In 2023, the Commonwealth of Virginia was forced to operate without a

finalized state budget following the adjournment of the regular session of its

legislative body. The Commonwealth waited (luckily without bated breath)

for its “caboose” budget for the 2023–2024 budget cycle for nearly six

months after the General Assembly adjourned sine die, which it did on its

normal date for a “short” (odd-numbered) year on February 25, 2023.

However, most other actions taken by the Virginia General Assembly during

its 2023 session did go into effect on July 1, 2023, as usual. These include a

number of bills that …

The Success Of Establishing Legislative Commissions To Address Complex And Critical Needs: Examining The Early Recommendations And Outcomes Of The Commission On School Construction And Modernization, Matthew P. Stanley

Richmond Public Interest Law Review

The 2020 creation of the Virginia Commission on School Construction and

Modernization proved to be a pivotal moment in addressing the longstanding

issue of school construction and modernization in the state. With

$1.25 billion in new resources allocated for school divisions in 2022,

including an increased Literary Fund and a flexible formula-based grant,

legislators took decisive action to support school infrastructure. The creation

of the School Construction Fund and School Construction Assistance

Program, with ongoing funding provided through taxes on casino revenues,

marked a significant step forward in providing ongoing resources for school

projects.

Despite several successful legislative outcomes, some …

Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn

University of Richmond Law Review

This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by …

Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds

University of Richmond Law Review

Virginia’s current system of providing court-appointed legal counsel for parents involved in child dependency cases is unsustainable and inadequate, requiring swift and dramatic action from the state government. Inadequate legal representation for parents often leads to poor outcomes for children and a lack of protections for the parents’ due process rights. While attempts to improve the system have been made in recent years, they are often quickly dismissed. The largest hindrances in the current system, this Article suggests, is that court-appointed attorneys for parents are typically underpaid, undertrained, and consequently unable to meaningfully advocate for their client. Due to the …

The Current State Of Abortion Law In Virginia Leaves Victims Of Domestic And Sexual Violence Vulnerable To Abuse: Why Virginia Should Codify The Right To Abortion In The State Constitution†, Courtenay Schwartz

University of Richmond Law Review

All people must have access to safe and legal reproductive health care—especially victims of sexual and domestic violence who can and do become pregnant because of the violence they experience. This year, the United States Supreme Court overturned Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey in Dobbs v. Jackson Women’s Health Organization. In doing so, the Supreme Court held that the Constitution does not protect the right to an abortion. Though abortion access is currently protected in Virginia, this could change with each new General Assembly session. To guard against the danger that this poses to …

Taxing The New With The Old: Capturing The Value Of Data With The Corporate Income Tax In Virginia, Coleman H. Cheeley

University of Richmond Law Review

The Commonwealth of Virginia markets itself as “The Largest Data Center Market in the World.”In 2019, the Northern Virginia market alone was the largest in the United States by inventory, with room to grow. In 2021, data centers in Northern Virginia required an estimated 1,686 megawatts of power; that number is expected to increase by 200 megawatts in the near future, reflecting data centers currently under development. For reference, in 2022, it was estimated that more than 100 homes could be powered by one megawatt of solar power in Virginia. Historically, data centers have been located in the Commonwealth due …

Taxation, Craig D. Bell

University of Richmond Law Review

This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions from the past year. Part I of this Article addresses taxes administered by the Virginia Department of Taxation (the “Tax Department” or “Department”). Part II covers local taxes, including real and tangible personal property machinery and tools, license taxes, and other discrete local taxes.

The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that are most likely to impact …

Preface, Alexandra M. Voehringer

University of Richmond Law Review

The University of Richmond Law Review proudly presents the thirty-eighth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth.

Table Of Contents

University of Richmond Law Review

No abstract provided.

Foreword, The Honorable L. A. Harris Jr.

University of Richmond Law Review

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article discusses Supreme Court of Virginia and, for the first time, Court of Appeals of Virginia analysis of procedural issues. The Article further discusses revisions to civil procedure provisions of the Code of Virginia and Rules of the Supreme Court of Virginia in the last year.

The Article first addresses opinions of the supreme court and court of appeals, then new legislation enacted during the 2023 General Assembly Session, and finally revisions to the Rules of the Supreme Court of Virginia.

Criminal Law And Procedure, Lauren E. Brice, Michelle C. F. Derrico

University of Richmond Law Review

It has been another busy year in the General Assembly and in the appellate courts of Virginia, especially with the recently expanded Court of Appeals. Areas in which the General Assembly made significant changes are now filtering to the appellate courts for interpretation. There have been a number of significant opinions in retroactivity of statutes, probation violations, and mental health.

Confirm Julie Rikelman For The First Circuit, Carl Tobias

University of Richmond Law Review

Now that the United States Senate has reconvened after pauses for holidays, the upper chamber must expeditiously appoint designee Julie Rikelman to the U.S. Court of Appeals for the First Circuit, which is the smallest, albeit critical, appellate court. The nominee, whom President Joe Biden tapped during late July 2022, would supply remarkable experiential, gender, and ideological diversity gleaned from pursuing much cutting-edge reproductive freedom litigation, which included arguing Dobbs before the Supreme Court that overturned Roe v. Wade. The nominee has definitely excelled in law’s highest echelon over twenty-plus years, most recently as the U.S. Litigation Director in the …

Confirm Rachel Bloomekatz To The Sixth Circuit, Carl Tobias

University of Richmond Law Review

Now that the United States Senate is convening after the July Fourth holiday, the upper chamber must promptly appoint Rachel Bloomekatz to the U.S. Court of Appeals for the Sixth Circuit. The nominee, whom President Joe Biden selected in May 2022, provides remarkable experiential, gender, and ideological expertise that she deftly realized in litigating high-profile gun control, environmental, and other significant cases in federal appellate courts and district courts. Over fifteen years, the nominee has reached law’s pantheon across a broad spectrum from extremely prestigious clerkships with Justice Stephen Breyer and particularly distinguished federal court and state court jurists to …

The Flying Ace As A Hero: An Analysis Of The Representations Of Douglas Bader And Erich Hartmann, Arash Heydarian Pashakhanlou

Heroism Science

This study develops a four-factor framework (4F model) based on fear, suffering, values, and characteristics for analyzing depictions of physical-risk martial heroism. Specifically, this framework is applied to assess representations of two World War II flying aces, the Royal Air Force pilot Douglas Bader and his German contemporary from the Luftwaffe, Erich Hartmann. On investigation, it is revealed that Bader and Hartmann are either described as fearless or capable of continuing their heroic journey despite their fears. Moreover, the literature contends that both these pilots experienced immense suffering but eventually overcame them. Regarding values, Bader is portrayed as a conservative …

Pressures To Comply Or Defy: How Social Values Influence Perceptions Of Healthcare Workers As Villains, James K. Beggan, Scott T. Allison

Heroism Science

During the Covid-19 pandemic, politicians, the media, and the public labeled frontline workers as heroes. The goal of this article is to examine how certain aspects of the Covid-19 pandemic—such as the nature of the Covid-19 virus, coupled with insufficient governmental and institutional responses—created a situation where it became possible for people to characterize healthcare workers as villains. This approach to medical professionals is rather novel in heroism studies and social sciences. A qualitative review of available data sources provided evidence that frontline healthcare workers were perceived negatively. Experiencing a lack of cooperation from patients and their families, healthcare personnel …

The Nil Glass Ceiling, Tan Boston

University of Richmond Law Review

Name, image, and likeness (“NIL”) produced nearly $1 billion in earnings for intercollegiate athletes in its inaugural year. Analysts argue that the shockingly high totals result from disproportionate
institutional support for revenue-generating sports.

Although NIL earnings have soared upwards of eight figures to date, first-year data reveals that significant gender disparities exist. Such disparities raise Title IX concerns, which this Article illustrates using a hypothetical university and NIL collective. As such, this Article reveals how schools can facilitate gender discrimination through NIL collectives, contrary to Title IX. Although plainly applicable to NIL transactions in which schools are involved, Title IX’s …

Table Of Contents

University of Richmond Law Review

No abstract provided.

Acting Cabinet Secretaries And The Twenty-Fifth Amendment, James A. Heilpern

University of Richmond Law Review

The Twenty-Fifth Amendment of the United States Constitution contains a mechanism that enables the Vice President, with the support of a majority of the Cabinet, to temporarily relieve the President of the powers and duties of the Presidency. The provision has never been invoked, but was actively discussed by multiple Cabinet Secretaries in response to President Trump’s actions on January 6, 2021. News reports indicate that at least two Cabinet Secretaries—Secretary of State Mike Pompeo and Treasury Secretary Steve Mnuchin—tabled these discussions in part due to uncertainties about how to operationalize the Amendment. Specifically, the Secretaries were concerned that the …