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Articles 1 - 30 of 180
Full-Text Articles in Law
Hipaa Compliance Resources, Paul M. Birch
Hipaa Compliance Resources, Paul M. Birch
Law Faculty Publications
As health care consumers, attorneys may need no introduction to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It may have introduced itself to you already in the form of a refused request for your spouse’s pharmacy receipts without signed authorization, or lengthier patient information forms to fill out before seeing a new doctor. On the other hand, the legislation may have facilitated your own access to your personal health records that otherwise would have been denied, or shielded those records from public disclosure by deterring a mass data spill. Along with establishing portability requirements for employee health …
Everything But The Merits: Analyzing The Procedural Aspects Of The Healthcare Litigation, E. Duncan Getchell Jr., William F. Brockman, William P. Marshall, Edward A. Harnett, Tobias A. Dorsey, Kevin C. Walsh, Bradley W. Joondeph, A. Christopher Bryant, Elizabeth Weeks Leonard
Everything But The Merits: Analyzing The Procedural Aspects Of The Healthcare Litigation, E. Duncan Getchell Jr., William F. Brockman, William P. Marshall, Edward A. Harnett, Tobias A. Dorsey, Kevin C. Walsh, Bradley W. Joondeph, A. Christopher Bryant, Elizabeth Weeks Leonard
University of Richmond Law Review Symposium
"The role of States as Litigants in the Mandate Litigation" Panel featured E. Duncan Getchell, Jr., Solicitor General of Virginia; William F. Brockman, Acting Solicitor General of Maryland; and William P. Marshall, the William Rand Kenan, Jr. Distinguished Professor of Law at the University of North Carolina School of Law.
The "Defining the Scope and Legal Effect of the Challenges to the Individual Mandate" Panel featured Edward A. Hartnett, Richard J. Hughes Professor at the Seton Hall University School of Law; Tobias A. Dorsey, Special Counsel for the United States Sentencing Commission (USSC); and Kevin C. Walsh, Assistant Professor of …
Overlitigating Corporate Fraud: An Empirical Examination, Jessica M. Erickson
Overlitigating Corporate Fraud: An Empirical Examination, Jessica M. Erickson
Law Faculty Publications
Corporate law leaves no stone unturned when it comes to litigating corporate fraud. The legal system has developed a remarkable array of litigation options shareholder derivative suits, securities class actions, SEC enforcement actions, even criminal prosecutions all aimed at preventing the next corporate scandal. Scholars have long assumed that these different lawsuits offer different avenues for deterring the masterminds of corporate fraud yet this assumption has gone untested in the legal literature. This Article aims to fill that gap through the first empirical examination of the broader world of corporate fraud litigation. Analyzing over 700 lawsuits, the study reveals that …
Issue 1: Annual Survey 2011 Table Of Contents
Issue 1: Annual Survey 2011 Table Of Contents
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.
In Memoriam: The Honorable Leroy Rountree Hassell, Sr., Hon. Harry L. Carrico
In Memoriam: The Honorable Leroy Rountree Hassell, Sr., Hon. Harry L. Carrico
University of Richmond Law Review
Leroy Rountree Hassell, Sr. passed away on February 9, 2011. News of his death devastated those of us associated with him onthe Supreme Court of Virginia. We had lost a dear friend, one always conscious of the needs of his associates and anxious about making sure they were comfortable. Even more, the court lost its peerless leader, and the people of the Commonwealth of Virginialost a dedicated public servant. He will be sorely missed in allcorners of our great state.
Corporate And Business Law, Laurence V. Parker
Corporate And Business Law, Laurence V. Parker
University of Richmond Law Review
In the 2011 session, the Virginia General Assembly passed House Bill 2358, Benefit Corporations, to be codified as article 22 (the "Benefit Corporations Article") of the Virginia Stock Corporation Act ("VSCA"). The Benefit Corporations Article is largely based on legislation prepared in other states and allows a Virginia corporation to elect in its articles of incorporation to be treated as a "benefit corporation." These for-profit corporations are required to pursue not only profitability but also a general public benefit and, if one so elects, one or more specific public benefits. In Section II of this article, the author discusses the …
Criminal Law And Procedure, Virginia B. Theisen
Criminal Law And Procedure, Virginia B. Theisen
University of Richmond Law Review
Once more, the past year yielded a wealth of developments in the area of criminal law and procedure. The author has endeavored to cull the most significant decisions and legislative enactments, with an eye toward the "takeaway" from a case rather than a discussion of settled principles.
Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore
Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore
University of Richmond Law Review
The last two years have produced modest "tweaks" to Virginia'selection laws. Most notably, 2011 ushered in the decennial tradition of reapportionment and redistricting. This article surveys developments in Virginia election law for 2010 and 2011 and focuses on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related bill approved bythe General Assembly is discussed.
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
University of Richmond Law Review
No abstract provided.
Local Government Law, Andrew R. Mcroberts
Local Government Law, Andrew R. Mcroberts
University of Richmond Law Review
No abstract provided.
Taxation, Craig D. Bell
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The 2011 session of the Virginia General Assembly enacted wills, trusts, and estates legislation that: (i) eliminated a potential federal transfer tax trap in inter vivos marital trusts, (ii) interpreted transfer tax formula clauses in light of recent changes in federal law, and (iii) adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Three other legislative enactments and seven opinions of the Supreme Court of Virginia during the twelve months ending June 1, 2011, addressed issues affecting this field. In addition to addressing those developments, this article summarizes a recent federal district court opinion that dealt with a significant …
Bulls, Bears, And Pigs: Revisiting The Legal Minefield Of Virginia Fraudulent Transfer Law, Isaac A. Mcbeth, Landon C. Davis Iii
Bulls, Bears, And Pigs: Revisiting The Legal Minefield Of Virginia Fraudulent Transfer Law, Isaac A. Mcbeth, Landon C. Davis Iii
University of Richmond Law Review
No abstract provided.
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
University of Richmond Law Review
No abstract provided.
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter Nash Swisher
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter Nash Swisher
University of Richmond Law Review
No abstract provided.
A Brave New World Of Stop And Frisk, Ronald J. Bacigal
A Brave New World Of Stop And Frisk, Ronald J. Bacigal
Law Faculty Publications
In this article, the author Ron Bacigal discusses the editorials, The Shame of New York by Bob Herbert and Fighting Crime Where the Criminals Are by Heather MacDonald. These editorials were prompted by the New York City Police Department's release of figures regarding "stop and frisk" incidents within New York City.' MacDonald and Herbert reacted to the same statistical report by putting two very different spins on the raw data. While it's always helpful to compile empirical evidence, Bacigal suggests that we also need to look beyond the mere numbers. If you put aside anecdotal versions of encounters between minorities …
A Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice, Katherine A. Womack
A Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice, Katherine A. Womack
Law Student Publications
This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to long-reaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia’s tribes an equal place …
Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 19, No. 3 (Spring 2011), Dale Margolin Cecka
Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 19, No. 3 (Spring 2011), Dale Margolin Cecka
Law Faculty Publications
Contents
What Every Lawyer Should Know About the Economic Realities of a Legal Education, by Heather Jarvis, a student loan lawyer and founder of askheatherjarvis.com
Chair’s Column, by Professor A. Benjamin Spencer of Washington and Lee School of Law
Beyond Langdell, by Professor A. Benjamin Spencer
Law Faculty News
News and Events Around the Commonwealth
Section’s Website Update
2011-2012 Board of Governors
Museletter: August 2011, Suzanne Corriell
Museletter: August 2011, Suzanne Corriell
Museletter
This Issue:
Law Library Renovations and Updates by Suzanne B. Corriell
Welcome New and Returning Students by Timothy L. Coggins
Law Library Policies
Do You Know About... Lib Guides
Copies of Course Books Available on Reserve
Are Your Ready for Some Football?!?
Health Care: Why Jurisdiction Matters, Kevin C. Walsh
Health Care: Why Jurisdiction Matters, Kevin C. Walsh
Law Faculty Publications
Congress’s enactment of comprehensive healthcare reform legislation last year was the culmination of one round of an intense debate that continues today. The second round began the same day that the first round ended, when President Obama signed the legislation. In this second round, the locus of debate has shifted from Congress to the courts, which are processing a slew of lawsuits filed immediately after enactment.
One of the most prominent is Virginia v. Sebelius. The lawsuit presents on its face a prominent and critically important question of federalism: Did Congress exceed the limits of its enumerated legislative powers by …
Richmond Law Magazine: Summer 2011
Richmond Law Magazine: Summer 2011
Richmond Law Magazine
Features:
Embracing New Opportunities
'Your Honor'
Health Care: Why Jurisdiction Matters
Connecting the World
With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko
With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko
Law Student Publications
This comment will examine Virginia’s statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly session. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the importance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the other two bills not only because it was the …
Legislative Control Of The Menhaden Fishery, Matthew G. Curtis
Legislative Control Of The Menhaden Fishery, Matthew G. Curtis
Law Student Publications
This article aims to highlight the unique stance taken by Virginia’s legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia’s legislators should recognize the shift towards an ecosystem-based model as the most effective way to sustainably manage fisheries and all natural resources.
When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis
When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis
Law Student Publications
Large-scale financial disasters have resulted in equally large-scale overhauls of the system responsible for financial industry regulation. Choice over responding parties to these disasters is minimal, and the public inevitably looks to the government for assistance and explanation. The increasingly globalized economy causes any nationwide financial regulation in the U.S. to be felt throughout international markets. U.S. environmental regulation, while not felt immediately abroad, can have drastic impacts on business planning, environmental risk-management, and human rights in the developing world.
How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss
Law Student Publications
This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love’s death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of intimate partner violence.
Response To Reasonable Expectations In Sociocultural Context, David G. Epstein
Response To Reasonable Expectations In Sociocultural Context, David G. Epstein
Law Faculty Publications
The Article starts 6 (and ends)7 with the premise that contract law should enforce the reasonable expectations of the parties. This is a hard premise to challenge.8 And an even harder premise to apply.9 The Article recognizes the two problems with applying this premise: (1) how does a court decide what expectations are “reasonable,”10 and (2) what does a court do when the contracting parties have different reasonable expectations.11 The Article then uses two cases to illustrate how “sociocultural dissonance between a judge and contracting party”12 exacerbates these problems.
The Silver Lining In The Red Giant: China’S Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
The Silver Lining In The Red Giant: China’S Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
Law Student Publications
This comment examines the rise of China‘s middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment dis-cusses the ramifications of strict domestic residential mortgage regulations and how China‘s tempered investment structure secured its domestic housing market. Part II of this comment examines China‘s investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
Law Student Publications
Part I of this comment provides a brief review of Furman and the circumstances leading to the decision. Part II discusses the factors indicating current arbitrariness and other recurring fac-tors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.