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Full-Text Articles in Law
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Richmond Journal of Law and the Public Interest
As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …
The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley
The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley
Richmond Journal of Law and the Public Interest
During the last decade, the "Big Six" accounting firms entered into the legal services market overseas by establishing, acquiring, or forming ties with law firms around the world. These entities or business relationships have been called "multidisciplinary practices" or MDPs. Unlike the United States, many European countries do not prohibit partnerships and fee splitting arrangements between lawyers and nonlawyers. The February 1998 issue of the American Bar Association Journal published an article entitled "Squeeze Play" describing a turf war between the major accounting firms and lawyers practicing law in Europe. KPMG Peat Marwick, Arthur Andersen, Ernst & Young, Price Waterhouse, …
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Tick, Tick, Tick…The Electoral College, A Ticking Time Bomb, Paul J. Piccard, Ann M. Piccard, Mary M. Piccard
Richmond Journal of Law and the Public Interest
What can be done about this ticking bomb? Nothing short of a constitutional amendment can stop the clock. Many amendments to change the electoral college system have been proposed.Some have cleared either house of Congress, but not one has reached the states for ratification since the Twelfth Amendment. We consider some possibilities to stop the clock below.
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis
Richmond Journal of Law and the Public Interest
The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …
Virginia State Bar Committee To Study The Virginia Code Of Professional Responsibility: Substantive Differences Between The Virgina Rules Of Professional Conduct And The Code Of Professional Responsibility, Tom Spahn
Richmond Journal of Law and the Public Interest
The Virginia Rules of Professional Conduct contain provisions that: - require Virginia lawyers to take action that is not required under the Code; - prohibit conduct that is permitted by the Code; - permit conduct that is prohibited by the Code; and - permit conduct that is not explicitly permitted by the Code. The following lists describe these four categories of substantive changes. Each change refers to the applicable Rules provision, as well as the relevant Code provision (if any). For more detailed information, please refer to the Detailed Comparison Chart or to the Rules themselves.
The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _
Richmond Journal of Law and the Public Interest
The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.
Nlrb Remedies: Where Are They Going?, Leanord Page
Nlrb Remedies: Where Are They Going?, Leanord Page
Richmond Journal of Law and the Public Interest
The National Labor Relations Board's remedies are the vehicles through which the policies of the National Labor Relations Act are realized, and the means by which rights conferred by the Act are protected. Through the appropriate remedies, the Board ensures that conditions at the workplace are restored to those which existed before the onset of unlawful conduct. Effective remedies also deter unlawful conduct and promote voluntary compliance with the Act. Congress chose not to specify the precise remedies that would be available to the Board, understanding the Board's need for flexibility to meet diverse situations and those which Congress did …