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Articles 1 - 30 of 127
Full-Text Articles in Entire DC Network
Professional Responsibility, James Mccauley
Professional Responsibility, James Mccauley
University of Richmond Law Review
This article briefly describes some recent amendments to the Virginia Rules of Professional Conduct adopted by the Supreme Court of Virginia in 2016 and 2017. The changes affect the lawyer’s duty to protect confidential client information in this digital age, lawyer advertising and solicitation, and candor with a tribunal. The article also discusses two legal ethics opinions adopted by the court addressing a lawyer’s obligations when faced with another lawyer suffering from an impairment.
Closed Meetings Under Foia Turn Fifty: The Old, The New, And What To Do, Tyler C. Southall
Closed Meetings Under Foia Turn Fifty: The Old, The New, And What To Do, Tyler C. Southall
University of Richmond Law Review
No abstract provided.
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The 2018 Virginia General Assembly enacted legislation to conform the interpretation of wills with trusts, revised the recent trust decanting and augmented estate statutes, and provided a procedure for resolving doctor/patient disputes over appropriate medical care. It also confirmed the creditor protection available for life insurance and annuities, and addressed certain entities’ eligibility for real and personal property tax exemptions, annual disclosures of charitable organizations’ administrative and charitable service expenses, virtual nonstock corporation member meetings, bank directors’ stock holdings, the disposition of unused tax credits at the taxpayer’s death, and fiduciary qualification without surety. The Supreme Court of Virginia handed …
Virginia Ranks Forty-Ninth Of Fifty: The Need For Stronger Laws Supporting Foster Youth, Nadine Marsh-Carter, Bruin S. Richardson Iii, Laura Ash-Brackley, Cassie Baudeán Cunningham
Virginia Ranks Forty-Ninth Of Fifty: The Need For Stronger Laws Supporting Foster Youth, Nadine Marsh-Carter, Bruin S. Richardson Iii, Laura Ash-Brackley, Cassie Baudeán Cunningham
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, Christopher S. Dadak
Civil Practice And Procedure, Christopher S. Dadak
University of Richmond Law Review
This article addresses changes and notable analyses in approximately a year’s worth of Supreme Court of Virginia opinions, passed legislation, and revisions to the Rules of the Supreme Court of Virginia affecting Virginia civil procedure.1 This article is not meant to be all-encompassing, but it does endeavor to capture the highlights of changes or analyses regarding Virginia civil procedure. The opinions discussed throughout this article do not all reflect changes in Virginia jurisprudence on civil procedure. Some address clarifications or reminders from the court on certain issues it has deemed worthy of addressing (and that practitioners continue to raise). The …
The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring
The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring
University of Richmond Law Review
For the last five years, it has been my privilege to serve the people as their attorney general. The origin of the position of attorney general can be traced back centuries, but in a world that has become more interconnected, complex, and fast-paced, what does the role of a state attorney general entail in the twenty-first century and beyond? Is the proper role as a diligent but reactive defender of statutes and state agencies, or is there a deeper responsibility that calls for a more proactive and engaged use of its tools and authority? I have found that the job …
Private Ordering In The Old Dominion: A Solution To Frivolous Litigation Or The Elimination Of A Fundamental Shareholder Right?, Rebekah Biggs
Private Ordering In The Old Dominion: A Solution To Frivolous Litigation Or The Elimination Of A Fundamental Shareholder Right?, Rebekah Biggs
University of Richmond Law Review
No abstract provided.
Family Law, Allison Anna Tait
Family Law, Allison Anna Tait
University of Richmond Law Review
Once again this year, the Virginia courts and legislature have been occupied with a range of family law matters—from divorce, to custody, to support. Spousal support, in particular, has been much discussed in legislative chambers, as well as in courtrooms, and significant legislative changes will redesign how divorcing couples draft settlement agreements in the coming years. In other areas, there has been less activity and fewer results. Both the House of Delegates and the Senate of Virginia failed to move out of committee bills that would repeal “the statutory prohibitions on same-sex marriages and civil unions or other arrangements between …
Corporate And Business Law, Christopher L. Mclean
Corporate And Business Law, Christopher L. Mclean
University of Richmond Law Review
The past two years have produced a number of pieces of legislation from the Virginia General Assembly that serve to bring the set of Virginia business entity statutes up to date with its peers around the country. Part I highlights changes to the Virginia Stock Corporation Act (“VSCA”) and the Virginia Nonstock Corporation Act (“VNSCA”). Part II highlights changes to the Virginia Securities Act (“VSA”) and other statutes affecting Virginia business entities. Part III reviews two significant cases that the Supreme Court of Virginia decided over the past two years with respect to Virginia corporate law. Those decisions provided guidance …
Taxation, Craig G. Bell, Michael H. Brady
Taxation, Craig G. Bell, Michael H. Brady
University of Richmond Law Review
This article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its sections cover legislative activity, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year.
Preface, Emily Palombo
Criminal Law And Procedure, Aaron J. Campbell, John I. Jones Iv, Rachel L. Yates
Criminal Law And Procedure, Aaron J. Campbell, John I. Jones Iv, Rachel L. Yates
University of Richmond Law Review
This article surveys recent developments in criminal law and procedure in Virginia. Because of space limitations, the authors have limited their discussion to the most significant appellate decisions and legislation.
Trauma Recovery: A Heroic Journey, Brenda Keck, Lisa Compton, Corie Schoeneberg, Tucker Compton
Trauma Recovery: A Heroic Journey, Brenda Keck, Lisa Compton, Corie Schoeneberg, Tucker Compton
Heroism Science
Trauma survivors who choose to enter into trauma recovery may be viewed as individuals embarking on a hero’s journey. Historically, many of the coping strategies utilized by individuals who are experiencing post-traumatic stress have been viewed as inherently disordered and personally dysfunctional. An alternative perspective of these behaviors calls for an examination of strengths present within trauma survivors, suggesting a reframe of their symptomology as ingenuity in coping during adverse circumstances and an appreciation for the difficulty of living with traumatic memories. This article highlights the challenging process of trauma recovery as it parallels Campbell’s (1949) metaphor of the hero’s …
On The Bravery And Courage Of Heroes: Considering Gender, Elaine L. Kinsella, Timothy D. Ritchie, Eric R. Igou
On The Bravery And Courage Of Heroes: Considering Gender, Elaine L. Kinsella, Timothy D. Ritchie, Eric R. Igou
Heroism Science
Heroes are frequently described as both brave and courageous. Each adjective is often used interchangeably in public and academic discourse, despite historical and philosophical differences in their meaning. While research about heroes and heroism is burgeoning, little work has yet to provide a detailed analysis of specific hero features; indeed, there is a need for greater precision in our terminology and conceptual analyses of heroism. In the present article, we focus on two features of heroism, bravery and courage, and critically parse these terms and the pervasive gender stereotypes that are associated with each. We aim to spark critical discussions …
A Theological Perspective On Heroic Leadership In The Context Of Followership And Servant Leadership, Deborah Robertson
A Theological Perspective On Heroic Leadership In The Context Of Followership And Servant Leadership, Deborah Robertson
Heroism Science
This article aims to bring a theological perspective to the concept of heroic leadership, specifically from a theology of leadership grounded in Christian social teaching, and with a focus on leadership in the workplace. A rationale for bringing a theological perspective to the exploration of heroic leadership within heroism science is provided, and there is discussion on the importance of followership in any dialogue about leadership, as well as the significance of servant leadership. It is argued that a Christian theology of leadership aligns closely with much of what is portrayed by a renewed heroic leadership in the areas of …
The Underdog Narrative In Movies: When Our Memories Fail Us, Nadav Goldschmied, Jessica Ruiz, Sydney Olagaray
The Underdog Narrative In Movies: When Our Memories Fail Us, Nadav Goldschmied, Jessica Ruiz, Sydney Olagaray
Heroism Science
Heroes who win are adulated. Underdogs are a special class of heroes who are facing especially daunting odds. Why do people extend support to underdog entities in light of their bleak odds for triumph? The current study explored the idea that the underdog narrative is one of ultimate success and that this schema is strong enough to elicit false memories. We surveyed participants’ recollections of two boxing movies. As predicted, participants accurately remembered James Braddock beating the world champion in the end of Cinderella Man (underdog consistent plot) but failed to recall Apollo Creed beating Rocky Balboa in Rocky I …
The Hero Organism And Heroism Science: A New Frontier Of Human Consciousness, Olivia Efthimiou
The Hero Organism And Heroism Science: A New Frontier Of Human Consciousness, Olivia Efthimiou
Heroism Science
In the context of a new science of heroism this article presents a brief history of the presence and study of heroism, and an outline of the key characteristics of the modern-day movement of heroism. The potentially wide-reaching impacts of the science of heroism are briefly discussed. The hypothesis of human beings as “hero organisms” is presented, before embarking on a discussion on what it means for each of us to be on our own hero’s journey.
Book Review: Ordinary People Change The World, Stephanie Fagin-Jones
Book Review: Ordinary People Change The World, Stephanie Fagin-Jones
Heroism Science
This paper reviews Ordinary People Change the World picture biography series, by New York Times Best-Selling author Brad Meltzer and award-winning illustrator Christopher Eliopoulos. The series offers children, parents, and teachers an indispensible resource toward cultivating the character traits and behaviors associated with heroism and heroic leadership. The extensively-researched, historically accurate series is comprised of eight books, each respectively entitled: I Am…Martin Luther King, Jr.; Albert Einstein; Amelia Earhart; Helen Keller; Rosa Parks; Jackie Robinson; Lucille Ball; and Abraham Lincoln. A major contribution of this book series lies in its ‘parallel process’: parents who share this series on the prosocialization …
Collaborative Heroism: An Empirical Investigation, Dana Klisanin
Collaborative Heroism: An Empirical Investigation, Dana Klisanin
Heroism Science
Interactive technologies have come to define our culture, and as such, they influence and shape our modes of perception and behavior. This empirical investigation explored the public’s perception of the impact of the Internet on heroism via assessment of a sample population through a process of item generation, sampling, and principal component analysis. A robust 5-component structure emerged with consensus among participants including: 1) Collaboration expands heroic potential; 2) Internet technology expands heroic potential; 3) Heroes are motivated to protect and serve; 4) Heroes are responsive to injustice; 5) Concern for others is a required ingredient. The results extend research …
Studies On Documented Historical Cases Of Civil And War Heroism: A Mini-Review, Hannes Rusch
Studies On Documented Historical Cases Of Civil And War Heroism: A Mini-Review, Hannes Rusch
Heroism Science
This mini-review identifies and briefly describes a total of 12 published studies investigating aspects of war and civil heroism by analyzing larger data sets on documented historical cases of such behavior. Eleven of these studies focus on either Carnegie Medal or Medal of Honor recipients. These two most prominent data sources are briefly characterized and directions for future research are pointed out.
Monomyth, Transformation And Inspiration: The Hero’S Journey In The Extreme Fitness Exercise Infomercial, James K. Beggan
Monomyth, Transformation And Inspiration: The Hero’S Journey In The Extreme Fitness Exercise Infomercial, James K. Beggan
Heroism Science
The monomyth or hero’s journey is often described as containing the stages of journey, transformation and return. Less attention has focused on a fourth stage, called inspiration, which discusses how the hero can then motivate and mentor a new generation of heroes. The present paper describes how the success stories of people profiled in extreme fitness infomercials can be understood as conforming to the structure of the monomyth. The way in which the infomercials document how the success stories can also be used to motivate and mentor future heroes illustrates the role of inspiration as the final component of the …
The Search For A Hero Gene: Fact Or Fiction?, Olivia Efthimiou
The Search For A Hero Gene: Fact Or Fiction?, Olivia Efthimiou
Heroism Science
The radical entry of heroism research into scientific inquiry presents interesting challenges and possibilities for the study of heroism and the human condition more broadly. This ‘final frontier’ of the enduring phenomenon of heroism stands to offer remarkable, unprecedented, and controversial advances in our understanding of heroic and human behaviour. Is a genetic basis for heroism a real possibility? If so, what would its impacts be? Advances in genomics and increased interest in the fields of epigenetics and neuroplasticity might hold the key to its discovery. This article considers some of the leading emerging research in global health genomics and …
The Initiation Of Heroism Science, Scott T. Allison
The Initiation Of Heroism Science, Scott T. Allison
Heroism Science
In this article I describe the nascent field of heroism science, as part of a broader movement for the promotion of heroism in 21st century societies. I identify several markers of its emergence and offer reasons why the science is now coalescing into an established and autonomous field of inquiry. Moreover, I discuss the importance of maintaining a dynamic symbiotic relationship between the research and activist wings of the heroism movement. The aims and scope of heroism science are discussed, and reasons are offered for producing a science that is inclusive, transdisciplinary, and risk-taking. I examine all these issues within …
Enforcing Statutory Maximums: How Federal Supervised Release Violates The Sixth Amendment Rights Defined In Apprendi V. New Jersey, Danny Zemel
University of Richmond Law Review
The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Trial by a jury of one’s peers is a fundamental American legal right, existing in the earliest colonies before being codified in both Article III of the Constitution and the Sixth Amendment. The jury trial right derives from “the mass of the people,” ensuring that “no man can be condemned of life, or limb, or property, or reputation, without the concurrence of the …
Free Exercise And Comer: Robust Entrenchment Or Simply More Of A Muddle?, Mark Strasser
Free Exercise And Comer: Robust Entrenchment Or Simply More Of A Muddle?, Mark Strasser
University of Richmond Law Review
Several states are barred by their own constitutions from spending public monies in support of sectarian institutions. The United States Supreme Court has manifested great ambivalence about the constitutionality of such limitations. Sometimes, the Court has impliedly endorsed them as a reasonable measure to assure that Establishment Clause guarantees are respected. At other times, the Court has suggested that such limitations are constitutionally disfavored, although the Court has not yet held that such amendments are per se unconstitutional. The Court’s most recent decision addressing state constitutional spending limitations, Trinity Lutheran Church of Columbia, Inc. v. Comer, adds another layer of …
Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate
Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate
University of Richmond Law Review
Twenty-six years—half my lifetime—have passed since I joined Judge Merhige’s court family as his law clerk. I attempt here to sketch my personal impressions, distilling what to me was most remarkable about Robert R. Merhige, Jr. Perhaps unsurprisingly, this dynamic man turned legendary judge—a man I revered from the moment I met him—is more vivid to me now than he was to my younger self.
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
University of Richmond Law Review
The Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ+”) community has won major legal victories in the last twenty years, but at least one group remains left behind in those victories. The bisexual population is often ignored, erased, and discriminated against by both homosexual and heterosexual individuals and communities. This is true despite the fact that bisexuals outnumber both lesbian women and gay men. This erasure and discrimination affects bisexuals in different areas of life and the law, including the employment context. Title VII of the Civil Rights Act of 1964 (“Title VII”), which protects against employment discrimination on the basis …
Race, Speech, And Sports, Matthew J. Parlow
Race, Speech, And Sports, Matthew J. Parlow
University of Richmond Law Review
Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time.
Underdeveloped And Over-Sentenced: Why Eighteen- To Twenty-Year-Olds Should Be Exempt From Life Without Parole, Emily Powell
Underdeveloped And Over-Sentenced: Why Eighteen- To Twenty-Year-Olds Should Be Exempt From Life Without Parole, Emily Powell
University of Richmond Law Review
Sentencing eighteen- to twenty-year-olds to life without parole should be considered cruel and unusual because it is disproportionate to this class of offenders’ culpability.
The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan
The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan
University of Richmond Law Review
When one thinks about it, it is really quite incredible: a Brooklyn-born son of Lebanese and Irish immigrants with a distinct New York accent, standing well under six feet tall, attends a small North Carolina college on a basketball scholarship; serves with distinction in a bombing squadron in World War II; graduates from the University of Richmond School of Law (paying his way by serving as a night librarian); excels at the practice of law in a city (Richmond) not renowned for its receptivity to Yankees; wins election as president of the city’s Bar; and upon being appointed to the …