Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 296

Full-Text Articles in Law

The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife Jan 2018

The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife

University of Richmond Law Review

No abstract provided.


Annual Survey 2017: Table Of Contents Nov 2017

Annual Survey 2017: Table Of Contents

University of Richmond Law Review

No abstract provided.


Preface: Annual Survey 2017, Brian M. Melnyk Nov 2017

Preface: Annual Survey 2017, Brian M. Melnyk

University of Richmond Law Review

No abstract provided.


Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch May 2017

Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch

University of Richmond Law Review

No abstract provided.


Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice May 2017

Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice

University of Richmond Law Review

No abstract provided.


Mandated Ethical Hacking—A Repackaged Solution, Corinne Moini Jan 2017

Mandated Ethical Hacking—A Repackaged Solution, Corinne Moini

Law Student Publications

Hacking to prove a point or to expose technological vulnerabilities has been around since the 1960s, but it has been labeled and packaged differently as “white hacking” or “ethical hacking.” This article suggests that smart toy manufacturers, such as Mattel and VTech, should be subject to required vulnerability testing which utilizes ethical hacking under the Consumer Product Safety Improvement Act (“CPSIA”). More specifically, this article proposes to amend the Toy Safety Standard, ASTMF- 963-11, to include smart toys connected to the internet. The CPSIA and Consumer Product Safety Commission (“CPSC”) impose safety testing on all toys intended for use by ...


Family Law Legislative Update, Jason Zarin Jan 2017

Family Law Legislative Update, Jason Zarin

Law Faculty Publications

The Virginia General Assembly adjourned sine die on April 5, 2017. One bill affecting adoption was successfully vetoed, and several bills affecting adoption were enacted. Following is a preview of some possible legislation that may be introduced for the 2018 session.


Family Law, Allison Anna Tait Nov 2016

Family Law, Allison Anna Tait

University of Richmond Law Review

No abstract provided.


Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber May 2016

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.


Causation In Whistleblowing Claims, Nancy M. Modesitt May 2016

Causation In Whistleblowing Claims, Nancy M. Modesitt

University of Richmond Law Review

his article attempts to bring coherence to the confusion of state whistleblower causation standards by: (1) explaining the causation standards presently used in federal whistleblower protection statutes; (2) identifying the proliferating causation standards used in whistleblower claims brought under state law; (3) assessing the most commonly used causation standards, including exploring the tort causation doctrine and theory that underlie some of these standards; and (4) proposing a uniform standard for causation in state whistle- blower litigation.


Equity And Feasibility Regulation, Dov Waisman May 2016

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.


Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer May 2016

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

University of Richmond Law Review

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox ...


The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan Mar 2016

The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan

University of Richmond Law Review

No abstract provided.


Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen Mar 2016

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

University of Richmond Law Review

No abstract provided.


Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt Mar 2016

Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt

University of Richmond Law Review

No abstract provided.


A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson Mar 2016

A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson

University of Richmond Law Review

No abstract provided.


Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen Jan 2016

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

Law Student Publications

This comment reviews the background and status of the charter school movement in Part I and addresses legal challenges charters face in Part II. Part III provides an overview of Virginia's charter school law, and Part IV analyzes how the legislature can improve that law to foster charter school exploration in the Commonwealth.


The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg Jan 2016

The Restorative Workplace: An Organizational Learning Approach To Discrimination, Deborah Thompson Eisenberg

University of Richmond Law Review

No abstract provided.


Reforming Healthcare Reform, Jacqueline Fox Jan 2016

Reforming Healthcare Reform, Jacqueline Fox

University of Richmond Law Review

No abstract provided.


Developments In Animal Law: An Evolving Area In Virginia Law, Ryan Murphy Nov 2015

Developments In Animal Law: An Evolving Area In Virginia Law, Ryan Murphy

University of Richmond Law Review

No abstract provided.


Let's Get Ethical, A Look At The New Ethics Reform In The Commonwealth Of Virginia, Davis C. Rennolds, Amy L. Woolard Jan 2015

Let's Get Ethical, A Look At The New Ethics Reform In The Commonwealth Of Virginia, Davis C. Rennolds, Amy L. Woolard

Richmond Public Interest Law Review

In April of 2015, the Virginia General Assembly returned to Richmond for its annual veto session, with the main focus on putting the finishing touches on ethics reform.1 After lengthy debate and a number of amendments, the omnibus ethics bill passed the House and the Senate unanimously. House and Senate Members from both political parties touted the accomplishment as a significant step forward, as did Governor McAuliffe who called the legislation a “victory for transparency and accountability.”

This Article will argue the cases of Delegate Phil Hamilton and former Governor Bob McDonnell provide a framework for analyzing whether the ...


Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, Mark Obesnshain Jan 2015

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, Mark Obesnshain

Richmond Public Interest Law Review

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.


Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, The Honorable Mark Obesnshain, The Honorable Jay Leftwich Jan 2015

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, The Honorable Mark Obesnshain, The Honorable Jay Leftwich

Richmond Journal of Law and the Public Interest

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.


Let's Get Ethical, A Look At The New Ethics Reform In The Commonwealth Of Virginia, Davis C. Rennolds Jan 2015

Let's Get Ethical, A Look At The New Ethics Reform In The Commonwealth Of Virginia, Davis C. Rennolds

Richmond Journal of Law and the Public Interest

In April of 2015, the Virginia General Assembly returned to Richmond for its annual veto session, with the main focus on putting the finishing touches on ethics reform.1 After lengthy debate and a number of amendments, the omnibus ethics bill passed the House and the Senate unanimously. House and Senate Members from both political parties touted the accomplishment as a significant step forward, as did Governor McAuliffe who called the legislation a “victory for transparency and accountability.”

This Article will argue the cases of Delegate Phil Hamilton and former Governor Bob McDonnell provide a framework for analyzing whether the ...


Testing Sex, Rachel Rebouché Jan 2015

Testing Sex, Rachel Rebouché

University of Richmond Law Review

No abstract provided.


The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov Jan 2015

The Conforming Effect: First Amendment Implications Of Surveillance, Beyond Chilling Speech, Margot E. Kaminski, Shane Witnov

University of Richmond Law Review

No abstract provided.


Health Care Law, Sean P. Byrne, Garrett Hooe Nov 2014

Health Care Law, Sean P. Byrne, Garrett Hooe

University of Richmond Law Review

No abstract provided.


Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino May 2014

Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino

University of Richmond Law Review

No abstract provided.


Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino May 2014

Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino

University of Richmond Law Review

No abstract provided.


Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler Mar 2014

Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler

University of Richmond Law Review

No abstract provided.