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Articles 1 - 12 of 12

Full-Text Articles in Law

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 Jan 2018

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.


Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver Nov 2015

Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver

University of Richmond Law Review

No abstract provided.


The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez Nov 2014

The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez

University of Richmond Law Review

No abstract provided.


America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth May 2014

America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, Andrew P. Sherrod Nov 2012

Civil Practice And Procedure, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.


Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore Nov 2010

Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore

University of Richmond Law Review

Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …


Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod Jan 2008

Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod

University of Richmond Law Review

I propose to discuss Garcetti's First Amendment reasoning as well as the implications of the § 1983' setting in which Garcetti and other public employee free speech cases typically arise. After briefly setting out the Court's opinion and the three dissenting opinions, I begin by addressing the pros and cons of Garcetti, and in the course of so doing, I discuss the prior Pickering-Connick landscape that Garcetti so significantly altered. I consider the deeper First Amendment implications of Garcetti, including itsuse of categorical balancing to create an absolute immunity fromFirst Amendment liability for employer discipline based on job-required public employee …


The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land Nov 2007

The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land

University of Richmond Law Review

No abstract provided.


Health Care Law, Sean P. Byrne, Paul Walkinshaw Nov 2007

Health Care Law, Sean P. Byrne, Paul Walkinshaw

University of Richmond Law Review

Arguably, no other field of law in Virginia matches the complexity, magnitude, and universality of health care. It therefore comes as little surprise that Virginia's legislative and judicial branches of government devoted substantial attention to health care law issues in 2006 and 2007. Between April 2006 and April 2007 the time period covered by this article the Supreme Court of Virginia decided a large number of cases directly affecting health care law in the Commonwealth. The 2007 legislative session also addressed a host of health care issues and those with the most impact are summarized herein. These judicial and legislative …


The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson Nov 2006

The Merger Of Common-Law And Equity Pleading In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.


State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard Jan 2004

State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard

University of Richmond Law Review

No abstract provided.


Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky Jan 2003

Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky

University of Richmond Law Review

No abstract provided.