Digital Commons Network^™

Unionizing In The Chambers Of Government, Louis Cholden-Brown

Richmond Public Interest Law Review

As overall union membership stagnates nationwide due to the contraction

of traditionally unionized industries, labor organizations have made historic

inroads into new, highly volatile employment sectors, including digital media,

tech, political campaigns, and the gig economy. One such sector that

has seen new life is state and local legislative employees. Excluded from coverage

by the National Labor Relations Act, legislative employees have been

subject to disparate labor rights, job protections, and terms and conditions

of employment across and within states. While efforts to secure collective

bargaining rights for this sector have occurred over the past twenty-five

years, the simultaneous yet …

Why The World Should Act Like Children: Using The Building Blocks Method To Combat Climate Change, Beginning With Methane, Eileen Waters

University of Richmond Law Review

No abstract provided.

Foreword: Mindfulness, Writing, And The "Inner Lawyer", Shari Motro

Richmond Public Interest Law Review

Foreword for the Richmond Journal of Law and the Public Interest Vol XIX, Issue IV

Foreword: Mindfulness, Writing, And The "Inner Lawyer", Shari Motro

Richmond Journal of Law and the Public Interest

Foreword for the Richmond Journal of Law and the Public Interest Vol XIX, Issue IV

The Common Law Right To Information, Joe Regalia

Richmond Journal of Law and the Public Interest

A once-thriving doctrine, today the common law right to information has been largely forgotten by U.S. courts at both the state and federal level. But courts have not paused to question whether the common law right still has a role to play in modern litigation. One reason may be the dearth of case law explaining the common law right's operation. Another may be that courts believe this doctrine has been eradicated by the advent of freedom of information laws. This article first brings together the disparate authority on the common law right in an attempt to pin down the precise …

The Common Law Right To Information, Joe Regalia

Richmond Public Interest Law Review

A once-thriving doctrine, today the common law right to information has been largely forgotten by U.S. courts at both the state and federal level. But courts have not paused to question whether the common law right still has a role to play in modern litigation. One reason may be the dearth of case law explaining the common law right's operation. Another may be that courts believe this doctrine has been eradicated by the advent of freedom of information laws. This article first brings together the disparate authority on the common law right in an attempt to pin down the precise …

Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire

Richmond Public Interest Law Review

In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …

Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz

Richmond Journal of Law and the Public Interest

There has been a gradual national shift toward rehabilitation within the justice system. This has been especially important for veterans who make up only 8% of the total population, but account for 10% of those with criminal records. Recognizing that the traditional justice system is not equipped to handle cases of individuals whose underlying cause of offense is combat trauma, there has been a call to expand the Veterans Treatment Court ("VTC") program as an alternative for offenders who are veterans of the armed forces. This issue has been compounded by over a decade of war in Iraq and Afghanistan, …

Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz

Richmond Public Interest Law Review

There has been a gradual national shift toward rehabilitation within the justice system. This has been especially important for veterans who make up only 8% of the total population, but account for 10% of those with criminal records. Recognizing that the traditional justice system is not equipped to handle cases of individuals whose underlying cause of offense is combat trauma, there has been a call to expand the Veterans Treatment Court ("VTC") program as an alternative for offenders who are veterans of the armed forces. This issue has been compounded by over a decade of war in Iraq and Afghanistan, …

In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner

Richmond Public Interest Law Review

"In sight, it must be right" was the advertising slogan of a chain of hamburger restaurants that featured visible grills so customers could see the food being prepared, the assumption being that under customers' watchful eyes the burgers would be grilled properly. The Board of Veterans' Appeals ("Board") provides the final decision of the Department of Veterans Affairs ("VA") on a veteran claimant's entitlement to benefits, based on de novo review of a previous VA regional office determination. When in 1988 Congress provided in the Veterans Judicial Review Act for court review of agency decisions on veterans' claims for benefits, …

Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire

Richmond Journal of Law and the Public Interest

In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …

In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner

Richmond Journal of Law and the Public Interest

"In sight, it must be right" was the advertising slogan of a chain of hamburger restaurants that featured visible grills so customers could see the food being prepared, the assumption being that under customers' watchful eyes the burgers would be grilled properly. The Board of Veterans' Appeals ("Board") provides the final decision of the Department of Veterans Affairs ("VA") on a veteran claimant's entitlement to benefits, based on de novo review of a previous VA regional office determination. When in 1988 Congress provided in the Veterans Judicial Review Act for court review of agency decisions on veterans' claims for benefits, …

The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller

University of Richmond Law Review

No abstract provided.

Community Development Authorities, Andrew A. Painter

University of Richmond Law Review

Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …

Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac

University of Richmond Law Review

Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …

Fire Pattern Analysis, Junk Science, Old Wives Tales, And Ipse Dixit: Emerging Forensic 3d Imaging Technologies To The Rescue?, Thomas R. May

Richmond Journal of Law & Technology

Forensic science is undergoing a period of transformation as legal and scientific forces converge and force older forensic sciences toward a new scientific paradigm. Fire investigative undertakings are not an exception to this trend. Skeptical defense attorneys who routinely formulate astute Daubert challenges to contest the scientific validity and reliability of every major forensic science discipline are one catalyst to this revolution. Furthermore, a steady influx of novel scientific advances makes possible the formulation of consistent and scientifically-based quantitative forensic evidence analyses to overcome the “undervalidated and oversold” problems affecting many areas of forensic science.

From Facebook To Folsom Prison Blues: How Banning Laptops In The Classroom Made Me A Better Law School Teacher, Nancy G. Maxwell

Richmond Journal of Law & Technology

A well-respected judge recently was asked to speak to a law school Administrative Law class. When he took the podium, he noticed that most of the students had laptops in front of them. As he was talking, the students’ fingers were flying across the keyboards, making clicking noises, their eyes fixed on the screens in front of them. Several times he noticed grins or frowns on the students’ faces, but the facial expressions were clearly unrelated to what he was saying. About twenty minutes into his talk, the judge, exasperated, clapped his hands together several times, calling out, “Is anyone …

Appendix A To Marvin L. Longabaugh, The Z-Test For Percentages: A Statistical Tool To Detect Pretextually Neutral Juror Challenges

Richmond Journal of Law & Technology

No abstract provided.

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

Richmond Journal of Law and the Public Interest

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.

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.

The Z-Test For Percentages: A Statistical Tool To Detect Pretextually Neutral Juror Challenges, Marvin L. Longabaugh

Richmond Journal of Law & Technology

In June 1999, Sandy Murphy and Rick Tabish were arrested and charged with murder, robbery, burglary, and grand larceny related to the death of Las Vegas casino mogul Lonnie “Ted” Binion. The subsequent trial provided a captivated public with the elements of murder, greed, betrayal, torture, and extortion

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

University of Richmond Law Review

Without doubt, electronic commerce has increased the efficiency of businesses and consumers seeking to purchase goods, services, or intangibles by placing these objects just a keystroke away. If you already enjoy buying lingerie and foie gras over the Internet, you will love the new Electronic Signatures in Global and National Commerce Act ("E-SIGN") Want to borrow $10,000 at four in the morning over the Internet to buy a car? E-SIGN allows it. Or how about entering a "cybersigning chat room," extending a "digital handshake," and then buying that cherished wedding gown? E-SIGN allows this to happen. In this era of …

(En)Raged Or (En)Gaged: The Implications Of Racial Context To The Canadian Provocation Defense, Camille A. Nelson

University of Richmond Law Review

Ice hockey is Canada's national pastime, much like baseball is for many Americans. This fact makes the case of Regina v. Smithers all the more interesting.

The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall

University of Richmond Law Review

"The deliberate and deadly attacks, which were carried out yesterday against our country, were more than acts of terror. They were acts of war."

- President George W. Bush, September 12, 2001.

The Puffery Of Lawyers, Rodney A. Smolla

University of Richmond Law Review

Lawyers advertise to attract clients. Politicians advertise to attract voters. Businesses advertise to attract customers. All of these advertisers advertise with a common subtext: choose me, because I'm better than the rest. Hire me, vote for me, buy my product, and good things will happen. The message may be blunt, explicit, direct, linear. But often it is not. The bludgeon is not the tool of choice in modem mass advertising. The message, more commonly, is presented with subtlety, often merely suggested, often presented with indirection, irony, camp, or comedy. Information as such is not the point. The stuff of modern …

The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill

University of Richmond Law Review

Harold "Freddy" Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can "trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. " He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied to vote in the 1996 election for the trustees of the Office of Hawaiian Affairs ("OHA"), however, his application was denied. Why? Because, according to a state statute, he was not Hawaiian enough.

Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson

University of Richmond Law Review

Years after his death, John Wayne sells beer in television commercials. Eons after their extinction, lifelike dinosaurs continue to terrorize actors and thrill moviegoers. The highest- grossing film of all time4 employs "virtual" passengers aboard the Titanic, worrying some members of the Screen Actors Guild. All of these feats have been accomplished using sophisticated computer graphics software that blurs the distinction between imagination and reality. This manipulative digital power has raised concerns about such things as "digital kidnapping," the unauthorized misuse of digital images. For example, such digital misuse could include, as intellectual property professor Joseph Beard notes, "a star …

Annual Survey Of Virginia Law: Technology Law, John S. Jung

University of Richmond Law Review

During the 2000 Session, the General Assembly considered eighty-one technology related bills, forty of which were enacted. This article summarizes the more significant technology bills enacted during this session. One of these bills, House Bill 719,1 enlarged the Joint Commission on Technology and Science ("JCOTS"). The 1997 Virginia General Assembly created JCOTS aas a permanent legislative agency" to "generally study all aspects of technology and science and endeavor to stimulate, encourage, promote, and assist in the development of technology and science in the Commonwealth and sound public policies related thereto." JCOTS, which originally consisted of nine legislators-five delegates and four …

Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla

University of Richmond Law Review

In this symposium issue Robert Nagel, Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky explore the intersection of privacy and freedom of the press. In his fascinating inquiry into privacy and celebrity in modern American life, Robert Nagel demonstrates the connection between the American public's strong commitment to privacy and its simultaneous passion for robust protection of freedom of speech. Among his most important insights is the exposure of "pseudo-intimacy" as a principal currency of contemporary celebrity status. Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky all investigate the legal principles that ought to surround aggressive and surreptitious newsgathering techniques, each in …

Austin Owen Lecture: Litigating The Holocaust, Michael J. Bazyler

University of Richmond Law Review

The Austin Owen Lecture was established in honor of the Honorable Austin E. Owen through the generosity of his daughter, Dr. Judith O. Hopkins, W'74, and son-in-law, Dr. Marbry B. Hopkins, R'74. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from the University of Richmond School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until …