Law Commons^™

Mindfulness, Law And Reciprocal Practice, Scott Rogers

Richmond Journal of Law and the Public Interest

The legal profession is embracing mindfulness—an avenue of personal and professional growth and development. In so doing, lawyers, law students, judges, law faculty, and other members of the legal profession are reporting meaningful changes to their health and wellbeing, the quality of their social relationships, and their effectiveness and productivity at school and work. These reports corroborate the experience of a great many mindfulness practitioners and is consistent with medical and neuro-scientific research exploring the cognitive, physical, and emotional benefits associated with mindfulness practice. While mindfulness is often discussed in the context of feeling less stressed and being better able …

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Journal of Law and the Public Interest

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …

America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate

Richmond Journal of Law and the Public Interest

Book review of Just Mercy: A Story of Justice and Redemption by Bryan Stevenson.

Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper

Richmond Journal of Law and the Public Interest

This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …

2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur

Richmond Journal of Law and the Public Interest

2015 Symposium: Wrongful Convictions: Science, Experience & the Law Keynote Panel Discussion

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Journal of Law and the Public Interest

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …

Letter From The Editor, Katherine R. Schroth

Richmond Journal of Law and the Public Interest

Letter from the Editor for the Richmond Journal of Law and the Public Interest Volume XIX No. 2.

This Is Just Not Working For Us: Why After Ten Years On The Job- It Is Time To Fire Garcetti, Jason Zenor

Richmond Journal of Law and the Public Interest

In Lane v. Franks, the U.S. Supreme Court held that public employees who give truthful testimony in court are protected so long as it was outside their ordinary job duties. This issue arose after ten years of the Garcetti rule which does not protect employee speech pursuant to their job duties- a nebulous topic in the digital era. In applying Garcetti, lower courts have extended it to include any speech that is a product of job duties, even if it would serve the public interest. In Lane v. Franks, the Court amended the employee speech doctrine to protect …

Colorado And Washington Got Too High: The Argument For Lower Recreational Marijuana Excise Taxes, Jeremy P. Gove

Richmond Journal of Law and the Public Interest

This article discusses the tax schemes of newly legal recreational marijuana in both Colorado and Washington and how these taxes are similar to other taxes the state levies. This article then examines the policies behind the taxation of marijuana, including competing theories of taxation. Finally, this article concludes that while both states succeed in generating revenue, the taxing scheme employed fails to optimize revenue, creating deadweight loss for both the state economy and the recreational marijuana market.

Table Of Contents

Richmond Journal of Law and the Public Interest

Prefatory Matter for the Richmond Journal of Law and the Public Interest Volume XIX No. 2.

The Sec's Ultra Vires Recognition Of The Fasb As A Standard Setting Body, Wm. Dennis Huber

Richmond Journal of Law and the Public Interest

The Sarbanes-Oxley Act of 2002 conferred upon the Securities and Ex- change Commission (“SEC”) the authority to recognize as “‘generally accepted’ for purposes of the securities laws, any accounting principles established by a standard setting body” provided that the standard setting body met certain conditions. Two weeks after the Sarbanes-Oxley Act was signed into law in July, 2002 the Financial Accounting Standards Board (“FASB”) and its parent organization, the Financial Accounting Foundation, submitted a letter to the SEC declaring that it met the conditions set forth in the Sarbanes-Oxley Act. Eight months later, in April, 2003 the SEC issued a …

Humane Proposals For Swift And Painless Death, Bryce Buchmann

Richmond Journal of Law and the Public Interest

This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.

Table Of Contents

Richmond Journal of Law and the Public Interest

Table of Contents for the Richmond Journal of Law and the Public Interest, Vol. XIX, Issue IV.

Letter From The Editor, Katherine R. Schroth

Richmond Journal of Law and the Public Interest

Letter from the Editor for the Richmond Journal of Law and the Public Interest Vol XIX, Issue IV

Love, Anger, And Lawyering, Deborah J. Cantrell

Richmond Journal of Law and the Public Interest

As I think about my journey from law school to now, I realize that it took me some time to find a way to lawyer that also made me feel like I was flourishing in my broader life. Early in my career, I was not always aware of when I was picking up habits of mind about lawyering. I took for granted that the lawyer brain I was developing was the best version of lawyer brain out there. In order to realize the flaws in my lawyer brain, I had to fail to flourish. Then, I had to learn that …

Integrating Mindfulness Theory And Practice Into Trial Advocacy, David M. Zlotnick

Richmond Journal of Law and the Public Interest

This article discusses using mindfulness techniques to help students learn authenticity in trial setting.

Law's Emotions, Robin West

Richmond Journal of Law and the Public Interest

This article explores the intersection of the law and emotions and claims that U.S. law is not only impacted by emotions, but also produces four distinct types of emotions in our society.

Teaching Relational Lawyering, Susan L. Brooks

Richmond Journal of Law and the Public Interest

This article discusses how to incorporate “relationship-centered lawyering” into the law school curriculum through communication practices and how strong relational skills are helpful to lawyering and their professional lives.

Discovering Agreement: The World In Which We Find Ourselves, Linda Alvarez

Richmond Journal of Law and the Public Interest

This selection advocates for a change in the conversation in how lawyers negotiate contracts, moving away from competition between the parties and toward a more cooperative relationship.

A Lawyer Sits (The Practice), Christopher Corts

Richmond Journal of Law and the Public Interest

A poem that shares the power of sitting in silence with other lawyers.

Morality Now: Healing The Heart Of Darkness Of The First Year Law Student, M.C.

Richmond Journal of Law and the Public Interest

This paper argues the current law school structure, championing analytical reasoning over morality, does not adequately prepare law students for effective advocacy. The first section explores the tradition- al law school structure and the methods used to teach students. The second section argues that these methods encourage students to separate law from morality, which in turn affects their ability. Lastly, the third section argues that by requiring mandatory first year clinical practice and injecting compassion through mindfulness practice, students will have a proper moral foundation to use law as a tool in con- junction with their own belief system.

Pro Bono Scholastici: Getting Out Of The Building While Remaining In The Classroom, B. Allen Wall

Richmond Journal of Law and the Public Interest

The author discusses his experience in developing his personal identity in law school and cultivating purpose while helping one illegal immigrant faced with deportation.

A Lawyer's Journey Of Worker Advocacy And Faith, Ann C. Hodges

Richmond Journal of Law and the Public Interest

A personal narrative exploring the author's journey through the law and her faith to find her passion for advocating for social justice change as a labor advocate.

Meta-Mindfulness: A New Hope, Peter Huang

Richmond Journal of Law and the Public Interest

This Essay starts by tracing its humble origins to an earlier, related and unique law review article, namely, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting. This Essay describes various professional responses to Tiger Cub Strikes Back, provides an update of some developments in research about parenting and legal education since Tiger Cub Strikes Back, and recounts a few personal stories about mindfulness and related to being an ex-child prodigy. This Essay then analyzes meta-mindfulness, defined as mindfulness about mindfulness. This Essay discusses how mindfulness about mindfulness can help facilitate the positive transformation of …

Mindfulness, Self-Care And The Law, Victor Narro

Richmond Journal of Law and the Public Interest

Victor Narro offers his advice for law school graduates on living in the present moment, engaging in active listening, and “heart to heart” communication through mindfulness. He explores his own career and provides a framework for self-care in professional life using the teaching of Thich Nhat Hanh and St. Francis of Assisi.

Finding Peace In Law School, Dominique Simon

Richmond Journal of Law and the Public Interest

This article discusses the author's law school experience and the struggle to understand the motivations behind legal education process and the shortcomings of the legal justice system. The articles explores how mindfulness and the author's own spiritual awakening improved his legal education.

Kingsfield Meditates, John Jay Osborn

Richmond Journal of Law and the Public Interest

John Jay Osborn explores the effect of meditation on the famed Professor Kingsfield from his novel, The Paper Chase.

Toward Lawyering As Peacemaking: A Seminar On Mindfulness, Morality, And Professional Identity, Angela P. Harris

Richmond Journal of Law and the Public Interest

In the last few years, a number of books and articles have touted the idea that lawyering should be seen as a form of “peacemaking.” The peacemakers argue that “new lawyer” practices, such as “holistic lawyering,” “collaborative lawyering,” and old and new forms of alternative dispute resolution are transforming lawyering itself. Instead of pursuing victory over the opposing party, lawyers are looking for mutually beneficial settlements; in- stead of functioning as gladiators, lawyers are becoming experts at “trans- forming practices,” finding ways to bring peace and happiness to them- selves and their clients.

In the fall of 2010, Professor Stephanie …

Foreword: Mindfulness, Writing, And The "Inner Lawyer", Shari Motro

Richmond Journal of Law and the Public Interest

Foreword for the Richmond Journal of Law and the Public Interest Vol XIX, Issue IV

Utilizing Credit Reports For Employment Purposes: A Legal Bait And Switch Tactic, James D. Phillips, David D. Schein

Richmond Journal of Law and the Public Interest

In our previous article, "Holding Credit Reporting Agencies Accountable: How the Financial Crisis May be Contributing to Improving Accuracy in Credit Reporting" we reviewed the legal history of the Fair Credit Reporting Act (FCRA), its amendments, and the federal case law by circuit. We suggested that the ability of consumers to ensure the accuracy and security of their credit reports might lead to an expansion of the litigation surrounding accurate credit reporting. This article takes the discussion further by exploring the ever-expanding use of credit reports in the employment law arena. We review the state legislation limiting the use of …