Law Commons^™

Signed, Sealed, Delivered, And Then…: An Evaluation Of The Correlation Between Policy Areas, Signing, And Legal Ratification Of Organization Of American States’ Treaties By Member States, Alexandra R. Harrington

Richmond Journal of Global Law & Business

No abstract provided.

Current Developments Of Wto Dispute Settlement Body Findings On The U.S. Antidumping Sunset Review Regime, Changho Sohn

Richmond Journal of Global Law & Business

No abstract provided.

Chapter 15 And The Advancement Of International Cooperation In Cross-Border Bankruptcy Proceedings, Bryan Stark

Richmond Journal of Global Law & Business

No abstract provided.

International Migration And Trade: A Multi-Disciplinary Synthesis, Jagdeep S. Bhandari

Richmond Journal of Global Law & Business

No abstract provided.

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

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.

Speech Of Government Employees, Ann C. Hodges

Law Faculty Publications

For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.

Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges

Law Faculty Publications

The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.

A New I Do: Towards A Marriage-Neutral Income Tax, Shari Motro

Law Faculty Publications

The federal income tax system treats married couples as if each spouse earned approximately one-half of the couple's combined income through a mechanism called "income splitting. " For many one-earner and unequal-earner couples, income splitting produces a significant advantage, a "marriage bonus," by shifting income from higher to lower rate brackets. Marriage-based income splitting relies on a presumption that marriage is a good indicator of economic unity between two taxpayers. It is not. Marriage does not require spousal sharing, and many unmarried couples share everything they earn. As a result, the current system extends the benefit of income splitting to …

Linguistics And Claim Construction, Kristen Jakobsen Osenga

Law Faculty Publications

This Article argues that patent claim construction should instead track the way in which we, as readers of a language, attempt to understand what is being conveyed via the written word. First, there is a base level of conventional understanding from which all interpretation starts, an understanding that either a priori exists based on our earlier encounters with the word or is obtained from a dictionary in cases in which we lack previous knowledge. Second, from this conventional understanding, we construct the actual meaning of the term based on a number of linguistic clues. These clues are both internal and …

Jurisdiction And Discretion In Hybrid Law Cases, John F. Preis

Law Faculty Publications

An everlasting debate in the federal courts field is which branch of the federal government has the power to control federal jurisdiction. While some commentators and judges assert that the judiciary has the implicit authority to refine the boundaries of its jurisdiction, others argue that Article III vests that authority with Congress only and judicial modification of jurisdiction is illegitimate. In focusing almost entirely on the constitutional legitimacy of the question, this debate has overlooked an important consideration: Even if the judiciary may legitimately wield discretion in setting its jurisdiction, is such discretion functionally appropriate?

This Article argues that such …

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson

Law Faculty Publications

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

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

Law Faculty Publications

We gather yet again this year at the University of Richmond to discuss the deplorable state of the Chesapeake Bay and the concerted effort needed to bring it back from the brink of death. The state of the Bay seems not much better than it did eleven years ago, when a group of wise souls who cared deeply about the Bay assembled at this law school to revisit the Kepone incident and call for more action to stem pollution in the Bay. To no one's surprise, unfortunately, that august group assembled in our Moot Court Room did not solve the …

Bapcpa And Commercial Credit: Who (Sic) Do You Trust, David G. Epstein

Law Faculty Publications

Trying to understand and apply the many different provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) has caused people to yearn for the "good old days." At the National Conference of Bankruptcy Judges' (NCBJ) Annual Meeting in San Antonio in October 2005, there was a lot of talk about the "good old days" and some singing "'bout the good old days" at the NCBJ "Final Night Dinner" by a larger than life (at least as large as Sally Struthers), Wynonna Judd. And this has caused me to remember a daytime television show from my good …

Bearded Ladies Walking On The Brooklyn Bridge, David G. Epstein

Law Faculty Publications

This article discusses the post-Restatement Second use, misuse, and abuse of the terms "bilateral contract" and "unilateral contract" and answers the hypotheticals in the first paragraphs of the article.

A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg

Richmond Journal of Law & Technology

Amendments to the Federal Rules of Civil Procedure regarding electronic discovery are expected to take effect on December 1, 2006. These amendments are designed to alleviate the burden, expense and uncertainty that has resulted from the application of traditional discovery principles in the electronic age. These principles worked well in an era where discovery was primarily limited to the production of paper documentation, but have proved unworkable when applied to the discovery of electronic data, particularly in the “corporate world,” where even the most routine business discussions are captured in electronic format.5

Museletter: January 2006, Caroline L. Osborne

Museletter

This Issue:

Sit Where You Please: Challenges to Virginia's Segregated Seating Laws by John Barden

Fall Exams -- Law Library Open 24-Hours by Timothy Coggins

[Spring 2006 Hours]

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2006-2008, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Viewpoint: Legislating Without Deliberation, Carl W. Tobias

Law Faculty Publications

No abstract provided.

Don't Dilute My Coffee! Federal Trademark Dilution And Likely Legislative Changes, Roger V. Skalbeck

Law Faculty Publications

In this article, we take a look at a handful of the bigger law-related digital collections available today. We present the core elements of each collection to give readers an idea of what is out there. In addition, we look at some broad-based questions presented by acquiring access to digital collections. Finally, briefly, we look at issues of access, ownership, copyright, interlibrary lending, catalog records, and cost.

Is There A New Digital Collection In Your Future?, Roger V. Skalbeck

Law Faculty Publications

In this article, we take a look at a handful of the bigger law-related digital collections available today. We present the core elements of each collection to give readers an idea of what is out there. In addition, we look at some broad-based questions presented by acquiring access to digital collections. Finally, briefly, we look at issues of access, ownership, copyright, interlibrary lending, catalog records, and cost.

Just What The Doctor Ordered: Is It Time For Your Bank To Start Offering A Health Savings Account (Hsa)? Here's What You Need To Know About This New Product, Rachel Juhas Suddarth

Law Faculty Publications

In recent years. The ever-increasing cost of health insurance has left many consumers and employers desperate for lower-cost coverage options. As a result, employers are moving away from expensive defined-benefit plans to alternatives that offer higher deductibles in exchange for a reduction in premium costs. The health savings account (HSA) grew out of this quest for choice. The HSA was designed as a tax-efficient way for consumers with high-deductible plans to pay for health costs accrued before the insurance kicked in. These high-deductible plans are touted as being more affordable for both employers and consumers as well as for having …

James Madison’S Celebrated Report Of 1800: The Transformation Of The Tenth Amendment, Kurt T. Lash

Law Faculty Publications

It has become commonplace to describe the Rehnquist Court as having staged a "Federalism Revolution." Although the current status of the Revolution is in dispute, historical treatment of the Supreme Court's jurisprudence under Chief Justice Rehnquist no doubt will emphasize a resurgence of federalism and limited construction of federal power. Cases like Gregory v. Ashcroft, New York v. United States, United States v. Lopez, Printz v. United States, Alden v. Maine, and United States v. Morrison all share a common rule of interpretation: Narrow construction of federal power to interfere with matters believed best left under state control. The textual …

Richmond Law Magazine: Winter 2006

Richmond Law Magazine

Features:

How Judges Judge

Balkans in the Balance

Varied Vocations

Proud History, Bright Future

Class Of 2009, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2009 at the T. C. Williams School of Law.

E-Prescribing In A Changing Legal Environment, Jeff Todd

Richmond Journal of Law & Technology

Perhaps nothing permeates modern American society as much as prescription drugs. Evidence of this exists not just in television and magazine ads extolling the promises of Viagra and Nexium, but also in a few statistics. First, forty-six percent of Americans use at least one prescription drug daily. Further, in 2001, 3.1 billion prescriptions were issued in the United States at a cost of $132 billion. That amount is projected to increase to $414 billion by 2014.3 Such numbers explain the intensity of the recent political and legal debates surrounding prescription drugs, such as the importation of American pharmaceuticals from Canada …

Bigger Phish To Fry: Californias Anti- Phishing Statute And Its Potential Imposition Of Secondary Liability On Internet Service Providers, Camille Calman

Richmond Journal of Law & Technology

The incidence of phishing, a form of internet fraud, has increased dramatically since 2003. Identity thieves searching for vulnerabilities in internet security have realized that customers are the weak link. Using mass e-mailings and websites purporting to be those of well-known and trusted corporations, “phishers” trick customers into revealing personal and financial information.

On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers

Richmond Journal of Law & Technology

Trademarks tie a face to a product. The face is often a name or symbol, but it can also be something like a sound, a smell or even a “look.” They exist for the benefit of both the trademark owner/producer and the consumer. The purpose of a trademark, traditionally, has been to protect against the confusion of consumers when selecting products or services. Yet, a trademark’s functionality is not limited to preventing confusion. Other uses include both preserving the goodwill of the consumer for the mark owner and preventing the “diversion of trade through commercial misrepresentations.”

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2006–2007 academic school year. The Journal staff has worked diligently during the first half of the year to produce an exceptional issue.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

Welcome to the third issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. Volume 12, Issue 3 deals with contemporary issues of law and technology involving privacy, academics, and healthcare.

The Impact Of The Proposed Federal E-Discovery Rules, Thomas Y. Allman

Richmond Journal of Law & Technology

Because of a conviction that e-discovery presents unique issues requiring uniform national rules, the Judicial Conference of the United States (“Judicial Conference”) has recommended and the Supreme Court has approved a number of amendments to the Federal Rules of Civil Procedure (“Proposed Rules”), which are scheduled to go into effect at the end of 2006.