Law Commons^™

Museletter: December 1998, Gail F. Zwirner

Museletter

Table of Contents:

Semester Break Library Hours

New Faculty Publications

December Grads & Students Registered for the Clinics

Circulation Department Alert: Copier Jams

Saving the Trees: Network Printing Considerations

Beyond Rebooting: Computer Tip of the Month: Determining "Word Count"

Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob

Richmond Public Interest Law Review

This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the …

The Revolution In Higher Education, James V. Koch

Richmond Public Interest Law Review

Joseph Schumpeter, the Austrian born economist and social historian who spent a major part of his academic career at Harvard, was a cogent observer of how societies develop. His Capitalism, Socialism, and Democracy is still considered a classic. Schumpeter spoke of "perennial gales of creative destruction" (often technological) that shock societies and force change. The advent of electricity and the coming of the automobile illustrate technologies that created new power arrangements and destroyed or modified existing institutions. Higher education is now in the midst of a Schumpeterian "gale of creative destruction"--a revolution, many say. After almost 150 years of reliance …

Panel Rejects Ninth Circuit Split, Carl W. Tobias

Law Faculty Publications

No abstract provided.

Nqsi: Quality Schools Come From Quality People, Anita O. Poston, Thomas B. Lockamy, Gary L. Ruegsegger

Richmond Public Interest Law Review

Since the time of the now fabled one room schoolhouse, American schools have undergone tremendous change socially, structurally, and instructionally. Our public schools are under the microscope like never before. Charter schools and tuition vouchers circle above public education like vultures. New special education regulations loom menacingly on the horizon. Prophets of doom are on every street comer and in every Internet chat room. The Virginia General Assembly has mandated higher standards and tougher discipline. Innumerable publications document both technology's explosion and the American family's implosion. Against this seemingly foreboding backdrop, a school district in Southeastern Virginia researched, designed, and …

The Greatest Evasion: Why Technology Won't Save Education, Kevin Mattson

Richmond Public Interest Law Review

Americans place an enormous amount of faith in education=s power to solve social problems. Today, liberals tend to believe that education can improve our attitudes, making us less racist by broadening our perspective and knowledge of different people and cultures. Conservatives often argue that education can solve our economic problems by training citizens for jobs and increasing their capacity for upward social mobility. Indeed, President Clinton, who may be viewed as bridging liberal and conservative ideals, posed education as a solution to economic dislocation. His solution is to provide unemployed citizens with the necessary skills to find new forms of …

Museletter: October/November 1998, Gail F. Zwirner

Museletter

Table of Contents:

OPAC -- Not a Treaty, Just a Valuable Research Tool by Sally Wambold, Technical Services Librarian

New Faculty Publications

New Employees Join the Law Library

Beyond Rebooting: Computer Tip of the Month: Eliminating Banner Pages

Legal Research Refreshers and Computer Training Sessions

First Monday in October: Listserv available for U.S. Supreme Court Updates

Law School Creates Latino Law Students Association

Brandon Quarles Moves Home to Texas

1998-99 Student Assistants

A Grand Notion For Power-Center Lawyers, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

Like leaders of so many administrations before them, Richard Nixon and Bill Clinton, both lawyers, surrounded themselves with an inner circle composed mainly of lawyers-turned-political advisers and policy bureaucrats.

Some would argue that lawyers and politics are a bad brew. But lawyers trust lawyers so much that some will steadfastly defend their political bosses, even if that means being key players in the potential cover-up of a crime. In their skewed minds, accusations of crimes by leaders of the opposing political party are merely biased power politics.

Museletter: August/September 1998, Brandon D. Quarles

Museletter

Table of Contents:

Welcome New and Returning Students by Timothy L. Coggins, Director & Associate Professor

Gail Zwirner Joins Library Staff

Reference & Computer Help Desk Hours

Legal Research Refreshers and Computer Trainings

Lexis & Westlaw Training

Changes in the Library During the Summer

Exceptions to the Law Library's Regular Hours, Fall Semester, 1998

Law Library Carrel Policy

Richmond Law Magazine: Summer 1998

Richmond Law Magazine

Features:

Countdown to Execution

A Counselor and a Gentleman

The Federal Appellate Study At Midpoint, Carl W. Tobias

Law Faculty Publications

No abstract provided.

Choosing Perspectives In Criminal Procedure, Ronald J. Bacigal

Law Faculty Publications

In this Article, Professor Bacigal examines the Supreme Court's use of various perspectives in examining the reasonableness of searches and seizures. Although the Supreme Court purports to rely on a consistent method of constitutional analysis when rendering decisions on Fourth Amendment issues, the case law in this area indicates that the Court is influenced sometimes by the citizen's perspective, sometimes by the police officers' perspective, and sometimes by the perspective of the hypothesized reasonable person. After identifying the role of perspectives in a number of seminal Court decisions, Professor Bacigal discusses the benefits and limitations of the Court's reliance on …

Museletter: April 1998, Brandon D. Quarles

Museletter

Table of Contents:

Lexis and Westlaw Via the Web by Brandon D. Quarles, Reference/Research Services Librarian

Internet Site of the Month by Darla Haney, Reference/Research Services Librarian

Copy Record -- Friend or Foe? by Sally Wambold, Technical Services Librarian

Preservation of Library Materials

Reminders

Resolving International Environmental Disputes In The 1990s And Beyond, Ben Boer, Beatriz Bugeda, Edith Brown Weiss, Pilippe Sands

University of Richmond Law Review Symposium

"The Implementation of International Environmental Law in the Asia Pacific Region" lecture given by Ben Boer, Professor of Environmental Law at the University of Sydney, Australia and Director of the Australian Centre for Environmental Law.

"Dispute Resolution Under NAFTA's Environmental Side Agreement" lecture given by Beatriz Bugeda, Professor of Law at the Universidad Iberoamericana, Mexico City.

"Ensuring Compliance with International Environmental Agreements" lecture given by Edith Brown Weiss, Professor of Law at Georgetown University.

"Resolution of International Environmental Disputes: Litigation and its Alternatives" lecture given by Philippe Sands, Reader in International Law at the University of London.

Faith And The Attorney-Client Relationship: Muslim Perspective, Azizah Y. Al-Hibri

Law Faculty Publications

Three significant factors have converged to contribute significantly to the state of spiritual impoverishment, fragmentation, and work-place alienation experienced by professional people of faith in this country. They are: the emergence of material secularism as the dominant ideology, the uncritical acceptance of technological reductionism, and the over-broad interpretation of the public/private distinction. I shall discuss these factors from a spiritual perspective generally, and an Islamic one specifically. I shall also present an Islamic point of view on of the attorney-client relationship, critique Professor Allegretti's proposal, and mention some of the problems that lawyers of faith must consider in their daily …

Museletter: March 1998, Brandon D. Quarles

Museletter

Table of Contents:

New Computer Services Assistant Joins Law Library Staff

There's a Lot in That Catalog! by Sally Wambold, Technical Services Librarian

Internet Site of the Month by Darla Haney, Reference/Research Services Librarian

New Location for Paul Birch's Office

Tax Forms

Use Network Noticeboards

Museletter: February 1998, Brandon D. Quarles

Museletter

Table of Contents:

Darla Haney Joins Library Staff

Brownbag Research Seminars

Acting for Attorneys by Ann Bucci, Cataloging Assistant

Internet Site of the Month by Darla Haney, Reference/Research Services Librarian

Student Library Advisory Committee

Reminder: February Bar Exam Takers

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1998-2000, 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 …

Regulatory Change In The Energy And Telecommunications Industries - Overview, Barry J. Waldman

Richmond Journal of Law & Technology

Recent changes in the telecommunications industry and the emerging momentum for change in the regulation of the energy industry have provided a unique opportunity to reevaluate the regulatory models that have predominated in these fields. As these proposed changes are promulgated and begin to take effect and find practical form, crucial questions of implementation become the focus of the debate and the practice of regulatory law. Basic questions are ripe for consideration, such as: Will the regulators be State or Federal Agencies? What form should this regulatory power take? Will legislators and regulators focus on new players in the industry …

Congress And Deregulation: Federal Legislative Issues Past, Present And Future., Bill Robinson, Richard W. Blackburn, S.M. Henry Brown Jr., Mark C. Darrell

Richmond Journal of Law & Technology

I am Bill Robinson, and I am pinch-hitting for Mark La Fratta. Mark did something that caused him to have to go to Gary, I am not sure what it is. Perhaps, Mr. Brown will be able to tell us later on. In any event, it is a pleasure to be here. A couple of Saturdays ago, I was out sailing in an old boat I have, and we had wonderful winds. We were wasting in an area on the Rappahannock that I was not very familiar with, and we were just about to make our last tide in the …

Letter From The Editor, Jennifer S. Coates

Richmond Journal of Law & Technology

Each day we are bombarded with news reports about the Internet. The word, and indeed the cyber society behind it, has become as much a part of our daily lives as television and the postal service. Four years ago, when the Journal’s founder Richard Klau proposed the idea of an exclusively online law journal, the Internet was not only in the background, but some doubted the new medium would ever develop into a mature form of communication. As the fourth Editor-in-Chief of the Journal, I am satisfied and delighted that what was once an esoteric tool for programmers has evolved …

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges

Law Faculty Publications

This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …

Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein

Law Faculty Publications

This Article considers the second and different question of how to value the proposed payments under the plan. While the question of how to value the proposed payments under the plan is different from the question of how to value the creditor's security interest in property, there is a connection between the answers to the questions. The value of the payments must at least equal the value of the security interest.

Natural Resources And The Ninth Circuit Split, Carl W. Tobias

Law Faculty Publications

Congress recently considered some proposals to split the Ninth Circuit, proposals that could have far-reaching effects on the environment, public lands, and natural resources. This Article first looks at some of the recent developments in Congress, particularly the authorization of a national study commission to examine the federal appeals courts. Professor Tobias predicts that the Ninth Circuit will be split during the next decade. He cautions against using political considerations to conduct legislative policymaking with respect to thefederal courts. He suggests that those concerned about the environment gather reliable information and explore alternatives to circuit-splitting. If Congress decides to bifurcate …

Nearing The End Of Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

In continuing the series of essays which evaluate and document the phenomenon of federal civil justice reform, this essay initially affords an update on recent developments in civil justice reform at the national level and in the United States District Court for the District of Montana (Montana District). The essay emphasizes the conclusion of two major studies that analyze the national reform effort and the submission to Congress of reports and a recommendation, which were premised substantially on these studies, by the Judicial Conference of the United States. The essay also stresses the completion by the Ninth Circuit District Local …

Legal Reform: Reviewing Human Rights In The Muslim World, Azizah Y. Al-Hibri

Law Faculty Publications

Muslims take spirituality very seriously and would be willing to put up with a great deal of pain and suffering rather than abandon this fundamental disposition. Additionally, many Muslims have an intuitive belief that it is not religion which is at fault, but those in power. Consequently, they continue to search for the spiritually acceptable solution. In the meantime, Western NGOs offer no more than lightly-modified Western secular solutions, sometimes thinly disguised with religious rhetoric.

George Landon Browning (D. 1947), William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on George Landon Browning judge of the Virginia Supreme Court of Appeals.

Reforming Common Sense Legal Reforms, Carl W. Tobias

Law Faculty Publications

The Contract With America figured prominently in the Republican Party's victories in the 1994 congressional races. During the opening days of the 104th Congress, therefore, approximately one hundred sponsors introduced the Common Sense Legal Refonns Act (CSLRA), which embodied several measures that comprised the Contract's ninth precept. The only constituent of this package of proposals which actually became law was the Private Securities Litigation Refonn Act (PSLRA). Both Houses of Congress did pass products liability reform bills but lacked the requisite votes to override President Bill Clinton's veto. The House of Representatives approved the Attorney Accountability Act (AAA), which would …

Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal

Law Faculty Publications

This book compiles statutory and case law dealing with the admissibility of evidence. An alphabetical format keyed into subject headings is utilized in order to facilitate quick, accurate access to cases and statutes which answer most basic evidentiary questions. We have also tried, where feasible, to use the language of the court or statute rather than our own interpretation. We believe this approach most usefully serves the purposes of providing a quick, authoritative answer. The format does not allow for extended theoretical discussion, nor does it purport to be an exhaustive survey of all relevant cases. The reader is encouraged …

The Sources And Scope Of Federal Procedural Common Law: Some Reflections On Erie And Gasperini, Wendy Collins Perdue

Law Faculty Publications

In this Essay I explore what traditional Erie cases would look like if we treated those cases just like classic federal common law cases. I conclude that such an approach is consistent with Erie itself and is also consistent with many of the holdings, if not the language, of traditional Erie cases. This unified approach to substantive and procedural federal common law might have some advantages. In addition to providing conceptual uniformity, this approach would offer an escape from current Erie doctrine, which is confused and unsatisfactory. Under the current doctrine, the Court appears to vacillate between the balancing test …