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Full-Text Articles in Law

E-Museletter: May 2018, William Taylor Muse Law Library May 2018

E-Museletter: May 2018, William Taylor Muse Law Library

Museletter

This Issue:

Open All Night

Summer Access to Westlaw, Lexis, and Bloomberg Law

Technology Bootcamp Reference Guide

Research Assistant Training

Attention 3Ls: Using Library Resources After Graduation

Undergraduates in the Library


Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan Apr 2018

Bargaining Towards Equality: The Effects Of Implicit Bias Training On Plea-Bargaining, John Dunnigan

Richmond Public Interest Law Review

This comment focuses on the racial discrimination that currently exists in the process of plea-bargaining. The author suggests an approach aimed to mend the widespread racial discrimination. Particularly, the author details why mandatory implicit bias trainings for prosecutors would benefit defendants. Implicit bias trainings would benefit the criminal justice system as a whole because they would bring awareness to the issue and give prosecutors the knowledge they need to act justly in the plea-bargaining process.


Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny Apr 2018

Giles, The Confrontation Clause, And Inferred Intent: Do Abusers Forfeit Their Confrontation Rights By Engaging In Domestic Violence?, Evan Stastny

Richmond Public Interest Law Review

This Prosecuting those accused of domestic violence presents an array of challenges for prosecutors. These crimes are frequently a he-said, she-said situation with minimal physical evidence. This puts a heavy weight on victim testimony in order to obtain a conviction. Unfortunately, many victims refuse to testify at the outset, agree to testify then change their minds, or do not show up for the court date. Without that testimony, prosecutors will often drop the charges against an accused, possibly putting the victim at risk of another episode of violence.

Justice Scalia opened the door to the possibility of a prosecutor being ...


Letter From The Editor, Alexandra Ellmauer Apr 2018

Letter From The Editor, Alexandra Ellmauer

Richmond Public Interest Law Review

No abstract provided.


Table Of Contents Apr 2018

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.


The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine Apr 2018

The Fiery Furnace, Civil Disobedience, And The Civil Rights Movement: A Biblical Exegesis On Daniel 3 And Letter From Birmingham Jail, Jonathan C. Augustine

Richmond Public Interest Law Review

This essay was written in observance of the 50th anniversary of the Reverend Dr. Martin Luther King, Jr.’s untimely assassination in April 1968. It highlights some of King’ s most important work during the American Civil Rights Movement in terms of its contemporary influence. As a focal thesis, this essay argues that King’ s famed Letter From Birmingham Jail—written during his April 1963 incarceration in Birmingham, Alabama, for deliberately refusing to follow what he morally deemed to be an “unjust law”—was predicated on the biblical foundation of civil disobedience exemplified in the famed story of Shadrack, Meshack ...


The Nature Of The Judicial Process: A Complex Systems Analysis Of Checks & Balances & Separation Of Powers In The Present Political Context, Marvin L. Astrada Apr 2018

The Nature Of The Judicial Process: A Complex Systems Analysis Of Checks & Balances & Separation Of Powers In The Present Political Context, Marvin L. Astrada

Richmond Public Interest Law Review

Justice Cardozo’ s prescient inquiry in The Nature of the Judicial Process nearly a century ago merits revisiting and analysis in light of the present political climate. Under the new administration, the Executive Branch has characterized a judicial opinion from the U.S. District Court of Hawaii’ s as emanating from “an island in the Pacific,” suggested the 9th Circuit Court of Appeals should be fragmented, and subjected judges who disagree with the constitutionality of the administration’ s immigration policies to ridicule, vilification, or disparagement. When contemplating the nature of the judicial process, it is time to reassess the courts ...


Fostering Futures In Virginia: Why Is It Needed And What Does It Add To Existing Programs?, Karen E. Dottore Apr 2018

Fostering Futures In Virginia: Why Is It Needed And What Does It Add To Existing Programs?, Karen E. Dottore

Richmond Public Interest Law Review

This article addresses the large population of foster children over the age of 13 who have the same need for stable outcomes as younger foster children. Older foster children face a greater challenge in achieving a stable outcome because of their age. With this challenge comes a greater likelihood of homelessness and involvement in the criminal justice system. This article examines the various programs in Virginia designed to address the challenges faced by older foster children, and particularly, a new program called Fostering Futures, which provides greater support specifically to older foster children.


They Say Emotional Support Dog, We Say Service Dog: Why The Americans With Disabilities Act Should Recognize Emotional Support Dogs As Service Animals, Chelsea Hernandez-Silk Apr 2018

They Say Emotional Support Dog, We Say Service Dog: Why The Americans With Disabilities Act Should Recognize Emotional Support Dogs As Service Animals, Chelsea Hernandez-Silk

Richmond Public Interest Law Review

This article explores the laws surrounding emotional support animals. Specifically, the author analyzes the Americans with Disabilities Act, the Fair Housing Act, and the Air Carrier Access Act. This article proposes that emotional support animals should be recognized under federal legislation because they perform specific tasks. Further, the author contends that greater awareness of the benefits of emotional support animals will alleviate public health and safety concerns.


E-Museletter: April 2018, William Taylor Muse Law Library Apr 2018

E-Museletter: April 2018, William Taylor Muse Law Library

Museletter

This Issue:

Second Floor Renovation

Bridge the Gap

Hiring Law Library Research Assistants

Summer Access to Bloomberg, Lexis, and Westlaw

Bar Preparation

Print Credits

Study Aids


Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan Mar 2018

Five Steps To A Better U: Improving The Crime-Fighting Visa, Jason A. Cade, Meghan L. Flanagan

Richmond Public Interest Law Review

Congress created the U nonimmigrant status to assist noncitizen vic- tims of serious crime and to encourage them to assist law enforce- ment in the investigation of that crime. Despite these laudable goals, the process has been flawed since the outset. U visas were capped at 10,000 per year, eventually precipitating a multi-year backlog that diminishes the incentive to report crime for persons who fear depor- tation. Of particular importance, the willingness of law enforcement officers to provide a certification of helpfulness—a mandatory com- ponent of an application for U status—varies tremendously across agencies. Eligibility for U ...


2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro Mar 2018

2017 Symposium Panel Discussion: The Life Of An Immigration Attorney, William Benos, Tanishka V. Cruz, Cori Alonso-Yoder, Naureen Hyder, Ashley Shapiro

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Keynote Address, Shahan Mufti Mar 2018

2017 Symposium Keynote Address, Shahan Mufti

Richmond Public Interest Law Review

No abstract provided.


Letter From The Editor, Brandon Bowers Mar 2018

Letter From The Editor, Brandon Bowers

Richmond Public Interest Law Review

No abstract provided.


Table Of Contents Mar 2018

Table Of Contents

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz Mar 2018

2017 Symposium Lecture: Special Immigrant Juvenile Status In Virginia, Madeline Taylor Diaz

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa Mar 2018

2017 Symposium Lecture: Economic Impact Of Immigration Regulations, Lakshmi Challa

Richmond Public Interest Law Review

No abstract provided.


2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy Mar 2018

2017 Symposium Lecture: Challenges Of Working With Immigrant Farmers In The Trump Administration, Margaret Hennessy

Richmond Public Interest Law Review

No abstract provided.


The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan Mar 2018

The Unanswered Conundrum: Inconclusive Record And The Burden Of Proof For Immigration Relief, Yanie Yuan

Richmond Public Interest Law Review

In 2017, the Ninth Circuit Court of the United States decided a case of an undocumented noncitizen that went against United States Su- preme Court precedent. The appellant in Marinelarena v. Sessions was removed despite the fact that she had not been convicted of any crimes. This comment examines the arguments and strategies of the case that the judges relied upon in their opinion.


The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro Mar 2018

The Criminalization Of The Immigration System: The Dehumanizing Impact Of Calling A Person "Illegal", Ashley R. Shapiro

Richmond Public Interest Law Review

In the context of immigration, words matter. The increasingly used term “criminal alien” is not only used as an adjective to define a noncitizen who has committed a crime, but it also acts as a descrip- tion of his or her personhood. The use of the term “illegals,” which is the shortened version of “illegal alien,” is pervasive in the media as well as policy debate. In Part I, this paper discusses the evolution of the immigration system in the United States from a discretionary and humanitarian system to a criminalized process. In Part II, this paper examines the convergence ...


E-Museletter: March 2018, William Taylor Muse Law Library Mar 2018

E-Museletter: March 2018, William Taylor Muse Law Library

Museletter

This Issue:

Bridge the Gap starting March 26
Free Electronic Access to Glannons, Examples & Explanations, and Emanuel Outlines
Taking the MPRE March 24?
Learn More About the Bar Exam
Welcome Elizabeth Schiller!


Boilerplate Dataset, James Gibson Jan 2018

Boilerplate Dataset, James Gibson

Law Faculty Publications

No abstract provided.


Boilerplate’S False Dichotomy, James Gibson Jan 2018

Boilerplate’S False Dichotomy, James Gibson

Law Faculty Publications

The argument against enforcing boilerplate contracts (contracts that no one reads) seems clear. Indeed, if this were a court case we would say that the jury is in; the evidence against boilerplate is overwhelming. Yet the judge has yet to render judgment. Courts continue to enforce boilerplate terms, and even those scholars who have exposed boilerplate as an emperor with no clothes are reluctant to gaze upon its nakedness and condemn its use.

This reluctance originates in an assumption that pervades the boilerplate debate—namely, that courts and commentators alike view boilerplate as necessary to the modern transaction. When asked ...


Environmental Law Practice: Problems And Exercises For Skills Development, Noah M. Sachs Jan 2018

Environmental Law Practice: Problems And Exercises For Skills Development, Noah M. Sachs

Law Faculty Publications

One of the few books to focus on practice as opposed to pure substantive issues, this book provides environmental law teachers with a new resource for imparting practical skills. The authors have drawn on their wide experience as environmental law professors and practitioners to develop realistic exercises that teach the craft of environmental lawyering. Readers will learn how to bring a federal enforcement action against a polluter; negotiate a Superfund settlement; prepare documents and strategy for a citizen's suit; counsel a corporation on environmental compliance; and comment on an EPA rule making, as well as many other relevant skills ...


Principles Of Employment Law, Ann C. Hodges Jan 2018

Principles Of Employment Law, Ann C. Hodges

Law Faculty Publications

This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into seven chapters. Chapter 1 examines who is an employee and who is an employer. Chapter 2 analyzes the employment-at-will doctrine and job security claims. Chapter 3 focuses on privacy, autonomy and dignity. Chapter 4 analyzes claims that employers may have against employees. Chapter 5 discusses employment terms and benefits that are directly mandated by law, like minimum wage, or strongly encouraged or regulated by law, such as pensions. Chapter 6 examines workplace health and safety. Finally ...


30 Tips For Excellence In Juvenile Defense, Julie Ellen Mcconnell Jan 2018

30 Tips For Excellence In Juvenile Defense, Julie Ellen Mcconnell

Law Faculty Publications

This article for the Virginia Association of Criminal Defense Lawyers newsletter provides advice on representing juvenile clients.


Virginia Circuit Court Opinions, William Hamilton Bryson Jan 2018

Virginia Circuit Court Opinions, William Hamilton Bryson

Law Faculty Publications

Compilation of Virginia Circuit Court Opinions. Professor Bryson has edited the Opinions since 1985 (vol. 32).


Richmond Law Magazine: Winter 2018, University Of Richmond Jan 2018

Richmond Law Magazine: Winter 2018, University Of Richmond

Richmond Law Magazine

Features:

Quarreling Over the Orange

Flight Path

‘The executive power shall be vested in a president’


Questioning Quill, Hayes R. Holderness Jan 2018

Questioning Quill, Hayes R. Holderness

Law Faculty Publications

The physical presence rule of Quill Corp. v. North Dakota is under increasing attack from the “Kill Quill” movement — a consortium of state tax administrators, industry leaders, and academics opposed to the decision. The physical presence rule prohibits states from requiring many out-of-state vendors to collect taxes on goods sold into the states. Kill Quill states have grown increasingly aggressive, and litigation is well underway in South Dakota and Alabama over those states’ direct disregard for the rule. As a petition to the Supreme Court for certiorari grows closer, the case for overturning the physical presence rule remains cloudy.

Technology ...


The Problem With Ptab's Power Over Section 101, Kristen Osenga Jan 2018

The Problem With Ptab's Power Over Section 101, Kristen Osenga

Law Faculty Publications

The doctrine of patent eligible subject matter under 35 U.S.C. § 101 is a “real mess.” Other apt terms to describe this doctrine, and the jurisprudence surrounding it, include “chaos” and “crisis.” Few question whether patent eligible subject matter is a problem; however, many do not realize how high the stakes are and how dire the consequences. The erosion of patent protection, in part due to the “chaos,” impacts the willingness of companies to invest in innovation. This is especially true in today’s most important technologies where innovations occur in the spaces most likely to be flagged as ...