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Articles 241 - 270 of 2409
Full-Text Articles in Law
Non-Contact Excessive Force By Police: Is That Really A Thing?, Michael J. Jacobsma
Non-Contact Excessive Force By Police: Is That Really A Thing?, Michael J. Jacobsma
University of Richmond Law Review
When people hear the words “police” and “excessive force,” they usually associate those words with an unjustified assault and battery, or lethal force made against suspects by law enforcement officers during an arrest or investigation. When such acts occur, the victim of the excessive force has the right to pursue a civil action against the police officer pursuant to 42 U.S.C. § 1983 if committed by state or local police, or a Bivens action if committed by federal agents. But can a police officer be sued for excessive force without making any physical contact with the plaintiff? The answer to …
Taft, Frankfurter, And The First Presidential For-Cause Removal, Aditya Bamzai
Taft, Frankfurter, And The First Presidential For-Cause Removal, Aditya Bamzai
University of Richmond Law Review
In the fall of 1912—while one of the most consequential presidential campaigns in United States history raged around them— William Howard Taft, Felix Frankfurter, and a handful of officials within the federal government initiated a process to remove two members of the Board of General Appraisers (“Board”) for inefficiency, neglect of duty, and malfeasance in office. The process culminated in President Taft’s for-cause dismissal of the two members, Thaddeus Sharretts and Roy Chamberlain, on the very last day that he served as President, after he received a report recommending their firing from a “committee of inquiry” that included Frankfurter.
The Honorable Robert R. Merhige, Jr.: A Series On His Life And Career, Stephen N. Scaife
The Honorable Robert R. Merhige, Jr.: A Series On His Life And Career, Stephen N. Scaife
University of Richmond Law Review
No abstract provided.
The Conscience Of Virginia: Judge Robert R. Merhige, Jr., And The Politics Of School Desegregation, Robert A. Pratt
The Conscience Of Virginia: Judge Robert R. Merhige, Jr., And The Politics Of School Desegregation, Robert A. Pratt
University of Richmond Law Review
The United States Supreme Court’s 1954 landmark decision in Brown v. Board of Education declared that segregation in public education violated the Fourteenth Amendment to the United States Constitution. For the millions of African Americans who had endured decades of separate and unequal schooling, this decision was a resounding reaffirmation of the nation’s commitment to equal justice under the law. But those who expected segregated schools to end overnight were in for a rude awakening. The National Association for the Advancement of Colored People (“NAACP”), which had led the legal assault against segregation since its founding in 1909, was encouraged …
Reconsidering Selective Conscientious Objection, Andrew J. Haile
Reconsidering Selective Conscientious Objection, Andrew J. Haile
University of Richmond Law Review
In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …
Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon
Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon
University of Richmond Law Review
The U.S. Constitution parcels "legislative," "executive," and "judicial" powers among the separate branches of the federal government, but leaves those powers undefined. Accordingly, characterizing exercises of power becomes an important threshold inquiry in separation-of-powers disputes. This symposium Essay canvasses four competing judicial approaches to the characterization of power: functional inquiry; identity-of-the-officer formalism; historical induction; and skepticism. In this area, Justice Scalia's formalism has been particularly influential but created considerable tension with original public meaning originalism. This Essay explains how Scalia's formalism led to his embrace of delegation and concludes by cautioning against judicial oversimplification in the characterization inquiry.
Acknowledgments, Andrew E. Hemby
Acknowledgments, Andrew E. Hemby
University of Richmond Law Review
No abstract provided.
States Suing The Federal Government: Protecting Liberty Or Playing Politics?, Elbert Lin
States Suing The Federal Government: Protecting Liberty Or Playing Politics?, Elbert Lin
University of Richmond Law Review
No abstract provided.
"Special Solicitude": The Growing Power Of State Attorneys General, Mark L. Earley
"Special Solicitude": The Growing Power Of State Attorneys General, Mark L. Earley
University of Richmond Law Review
No abstract provided.
The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr.
The President, Prosecutorial Discretion, Obstruction Of Justice, And Congress, Henry L. Chambers Jr.
University of Richmond Law Review
No abstract provided.
Delegation Enforcement By State Attorneys General, Jonathan David Shaub
Delegation Enforcement By State Attorneys General, Jonathan David Shaub
University of Richmond Law Review
No abstract provided.
A Non-Originalist Separation Of Powers, Eric J. Segall
A Non-Originalist Separation Of Powers, Eric J. Segall
University of Richmond Law Review
No abstract provided.
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
University of Richmond Law Review
Part I explores the historical roots of the Convention,
discusses the evolution of its removal provisions, and explains how
it functions in the district courts today. Part II addresses the arguments
in favor of reverting to the Ruhrgas standard. This article
demonstrates that the current judicial interpretation of the Convention's
removal provisions under Beiser is too broad and that the
stricter construction under Ruhrgas should be re-adopted. Part II
examines three key reasons why the current Beiser standard is unworkable:
the current standard (1) leads to absurd results, (2) disrespects
notions of federalism and strains comity, and (3) in conjunction …
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
University of Richmond Law Review
No abstract provided.
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
Removing Race From The Jury Deliberation Room: The Shortcomings Of Pena-Rodriguez V. Colorado And How To Address Them, Lauren Crump
University of Richmond Law Review
This comment explores ways in which racial bias undermines
the American jury system and argues that simply having a racial
bias exception to the no-impeachment rule does not go far enough
to guard against racially motivated jury verdicts. In order to
guarantee the Sixth Amendment right to an impartial jury, defendants
must always be able to question potential jurors about
racial bias, and universal court policies need to be adopted across
the country that allow for a consistent approach for investigating
claims of racial bias in jury deliberations. Part I of this comment
examines the history of American juries and …
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
Famous On The Internet: The Spectrum Of Internet Memes And The Legal Challenge Of Evolving Methods Of Communication, Stacey M. Lantagne
University of Richmond Law Review
No abstract provided.
Separate But (Un)Equal: Why Institutionalized Anti-Racism Is The Answer To The Never-Ending Cycle Of Plessy V. Ferguson, Maureen Johnson
Separate But (Un)Equal: Why Institutionalized Anti-Racism Is The Answer To The Never-Ending Cycle Of Plessy V. Ferguson, Maureen Johnson
University of Richmond Law Review
No abstract provided.
In Re Trulia: Revisited And Revitalized, Emma Weiss
In Re Trulia: Revisited And Revitalized, Emma Weiss
University of Richmond Law Review
No abstract provided.
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
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.
Katz V. United States: Back To The Future?, Michael Vitiello
Katz V. United States: Back To The Future?, Michael Vitiello
University of Richmond Law Review
No abstract provided.
Preface: Annual Survey 2017, Brian M. Melnyk
Preface: Annual Survey 2017, Brian M. Melnyk
University of Richmond Law Review
No abstract provided.
Family Law, Allison Anna Tait
Family Law, Allison Anna Tait
University of Richmond Law Review
Another year of family law activity in Virginia brought both new
legislation, which will likely have long-term impacts, as well as a
new set of judicial opinions that will bring changes to the Virginia
rules. The terrain covered in the legislation and opinions varies,
but it includes certain fixtures such as marriage and divorce requirements,
equitable distribution, spousal and child support, and
child custody. This brief overview addresses all these areas, beginning
with the legislative changes and then moving to the courts.
Annual Survey 2017: Table Of Contents
Annual Survey 2017: Table Of Contents
University of Richmond Law Review
No abstract provided.
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
University of Richmond Law Review
No abstract provided.
The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.
The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.
University of Richmond Law Review
No abstract provided.
Howell V. Mcauliffe, L. Michael Berman
Howell V. Mcauliffe, L. Michael Berman
University of Richmond Law Review
No abstract provided.
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 Supreme Court of Virginia has handed down seven recent
decisions addressing the authority of an agent to change the principal's
estate plan, legal malpractice claims in estate planning,
rights of incapacitated adults, limits of the constructive trust doctrine,
effects of a reversionary clause in a deed, ownership of an
engagement ring, and proof of undue influence. The 2017 Virginia
General Assembly clarified rules on legal malpractice and tenancies
by the entireties, adopted the Uniform Trust Decanting Act
and the Uniform Fiduciary Access to Digital Assets Act, and expanded
provisions governing estate administration, life insurance,
and advance medical directives. Other …
A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan
A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan
University of Richmond Law Review
No abstract provided.