Digital Commons Network^™

Efforts To Split The Ninth Circuit Unsuccessful In The 109th Congress, Carl W. Tobias

Law Faculty Publications

No abstract provided.

Issue 1: Annual Survey 2006 Table Of Contents

University of Richmond Law Review

No abstract provided.

Labor And Employment Law, David C. Burton, Melissa L. Lykins

University of Richmond Law Review

No abstract provided.

Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews

University of Richmond Law Review

With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.

Accrual Of Causes Of Action In Virginia, James W. Ellerman

University of Richmond Law Review

This article will examine major issues in Virginia law affecting the accrual of causes of action, specifically in the contexts of contract, tort, and property. In addition to surveying the basic accrual requirements for each area of law, this article will look more deeply into several specific issues that guide an accrual analysis particularly the distinction between causes and rights of action, as well as the continuous treatment, discovery, and economic loss rules.

First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell

University of Richmond Law Review

No abstract provided.

The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.

Reassessing Charitable Immunity In Virginia, Carl Tobias

University of Richmond Law Review

No abstract provided.

Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer

University of Richmond Law Review

In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes enacted by the General Assembly in the areas of criminal law and procedure.

Election Law, Christopher R. Nolen

University of Richmond Law Review

Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Health Care Law, Michael C. Guanzon

University of Richmond Law Review

No abstract provided.

Real Estate Law, Paul H. Davenport, Lindsey H. Dobbs

University of Richmond Law Review

This article surveys significant cases concerning real property law decided by the Supreme Court of Virginia between the spring of 2004 and the spring of 2006. This article also details significant legislative changes flowing from the 2005 and 2006 Virginia General Assembly sessions.

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant developments in the law affect- ing Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year. The overall purpose ofthis article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections ofthe Virginia Code in its 2006 Session. In addition, there were sixopinions from the Supreme Court of Virginia during the periodcovered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Preserving The Chesapeake: Law, Ecology, And The Bay, Heather N. Stevenson, Noah M. Sachs, Rodney A. Smolla, Gerald L. Baliles, Gerald Mccarthy, Russell W. Baxter, Jonathan Z. Cannon, Erin Ryan, Richard Batiuk, L. Preston Bryant, Kathy R. Frahm, Joseph J. Tannery, David E. Evans, Mark Smith, Nikki Rovner, Timothy G. Hayes, Alexandra Dunn

University of Richmond Law Review Symposium

This event was co-sponsored by the Merhige Center for Environmental Studies, the Allen Chair of Law, the Virginia State Bar, and the Miller Center of Public Affairs.

The “Historical Background” session, held from 9:30 - 10:30 a.m., was presented by the Hon. Governor Gerald L. Baliles, Director of the Miller Center of Public Affairs and 65th Governor of the Commonwealth of Virginia; Gerald McCarthy, Executive Director of the Virginia Environmental Endowment; and Russell W. Baxter, Deputy Director of the Virginia Department of Conservation and Recreation. Rodney A. Smolla, Dean of the University of Richmond School of Law, served as moderator. …

Fulfilling The Promise Of The National Labor Relations Act: A Review Of Taking Back The Worker's Law, Ann C. Hodges

Law Faculty Publications

Ellen Dannin's excellent book, Taking Back the Workers' Law, reminds us of the importance of labor as reflected in the enactment of the National Labor Relations Act in 1935.

Museletter: September 2006, Caroline L. Osborne

Museletter

This Issue:

Resarching the Constitution by Caroline Osborne

Library News

But What If We Don't Have It?: Making Interlibrary Loan Requests by Gail Zwirner, Head of Access Services

Computer Tips by Kimberly Wiseman

Museletter: August 2006, Caroline L. Osborne

Museletter

This Issue:

Welcome New and Returning Students by Timothy L. Coggins

What You See is Not All You Get! By Sally Wambold

Got Questions? Bring 'em on! By John R. Barden

Greetings from the Law Library's Access Services Department by Gail Zwirner

Richmond Law Magazine: Summer 2006

Richmond Law Magazine

Features:

Righting Wrongs

Family Values

Blogs

The Mediators

Bargaining For Privacy In The Unionized Workplace, Ann C. Hodges

Law Faculty Publications

This article considers whether collective bargaining can enhance privacy protection for employees in the United States. Employers are increasingly engaging in practices that invade employee privacy with few existing legal protections to limit their actions. While data on the extent of bargaining about privacy is limited, it appears that unions in the U.S. have primarily used the grievance and arbitration procedure to challenge invasions of privacy that lead to discipline of the employee instead of negotiating explicit contractual privacy rights. In contrast to the U.S., labor representatives in many other countries, particularly in the European Union, have greater legal rights …

Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery

University of Richmond Law Review

No abstract provided.

Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza

University of Richmond Law Review

No abstract provided.

Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson

University of Richmond Law Review

No abstract provided.

Contents: Allen Chair Symposium-State Of The Chesapeake Bay In The Twenty-First Century

University of Richmond Law Review

No abstract provided.

New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Eric Ryan

University of Richmond Law Review

This article tells the stories of the disappearing wetlands ringing the Gulf Coast of Louisiana and the Chesapeake Bay of Virginia and Maryland, which are vanishing under different circumstances but bear the same message for environmental policy makers: more sophisticated natural resource planning is required to avoid the unanticipated consequences that can cause even wellintended policies to backfire. The stories suggest that a model of environmental assessment that better tracks the complex network characteristics of regional ecosystems would yield better long-term results, and this article proposes a network-based model that expands the lateral, temporal, and causal analysis of conventional environmental …

Amending Perpetual Conservation Easements: A Case Study Of The Myrtle Grove Controversy, Nancy A. Mclaughlin

University of Richmond Law Review

This article explores the issue of amending perpetual conservation easements by examining the Myrtle Grove controversy, in which the National Trust for Historic Preservation in the United States (the "National Trust")" "conceptually approved" a request made by a successor owner of land encumbered by a perpetual conservation easement to substantially amend the easement. Several months later, as a result of public opposition to the amendments and a reassessment of its position, the National Trust withdrew that approval. The owner of the encumbered land subsequently filed a suit for breach of contract, and the National Trust and the Attorney General of …

Rapanos, Carabell, And The Isolated Man, Joel B. Eisen

University of Richmond Law Review

No abstract provided.

Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon

University of Richmond Law Review

The Chesapeake Bay Program ("the CBP" or "Program") has been widely celebrated as a model of collaborative management for large multijurisdictional watersheds and for ecosystem management more generally.' In an article published six years ago, I joined in the celebration.2 But recent events warrant consideration of whether restructuring of the program is called for. In this essay, I consider whether greater centralization of decisionmaking for the Bay would address recent criticisms of the Program and better protect the public interest. After evaluating two alternative forms for the Program involving greater centralization, I conclude that major restructuring is not in order. …