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Articles 1 - 18 of 18
Full-Text Articles in Law
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.
A Hybrid Methodology For Seeking Attorney's Fees In The Eastern District Of Virginia's Rocket Docket, Timothy D. Patterson
A Hybrid Methodology For Seeking Attorney's Fees In The Eastern District Of Virginia's Rocket Docket, Timothy D. Patterson
Law Student Publications
As the costs of litigation continue to increase, in large part due to overly broad discovery, the skirmishes in motions to compel are taking on new importance as part of the strategy. Attorneys in large law firms are even developing a subpractice area known as “discovery counsel,” particularly with the explosion of e-discovery over electronically stored information. It is for another article to discuss whether discovery should become so large or complex that practitioners can specialize in it. Thus, it will not come as a surprise to anyone that parallel to this issue is the much sought after, but often …
Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe
Recent Developments In Virginia Taxation, Craig D. Bell, William L.S Rowe
William & Mary Annual Tax Conference
No abstract provided.
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
Virginia Coastal Policy Center
No abstract provided.
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong
''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong
Faculty Journal Articles
By treating spatial conflict as one way communities wrestle with the memory and legacy of slavery, this article unites critical landscape analysis, a tool of legal geography, with legal and cultural analysis and recent scholarship on African American reparations. A slave cemetery lay beneath a parking lot in Shockoe Bottom, a neighborhood of downtown Richmond that was once a major slave-trading hub. In recent years, controversy arose over the site’s use, generating racially charged local debate and two failed lawsuits seeking to preserve the site. This article examines the significance of the African Burial Ground controversy by analyzing its symbolic, …
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Bullying Law, Melissa Wright
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Bullying Law, Melissa Wright
Law Student Publications
This comment explores the various steps being taken to stop LGBT bullying in the Commonwealth of Virginia. Section I discusses why it is important to address the issue of bullying and the deep impact that bullying can have on students' lives. Section II provides a comprehensive look at how other states have addressed bullying and provided enumerated protection for LGBT students. This section also examines federal laws that have been used in bullying claims in the absence of federal anti-bullying legislation. Section III focuses specifically on Virginia anti-bullying legislation and the steps that Virginia has taken to combat LGBT bullying …
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Virginia Coastal Policy Center
No abstract provided.
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
Virginia Coastal Policy Center
No abstract provided.
Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius
Virginia Coastal Policy Center
No abstract provided.
Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning
Virginia Coastal Policy Center
No abstract provided.
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill
Virginia Coastal Policy Center
No abstract provided.
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
Virginia Coastal Policy Center
No abstract provided.
The Grapes Of Wrath: Encouraging Fruitful Collaborations Between Local Governments And Farm Wineries In The Commonwealth, Andrew E. Tarne
The Grapes Of Wrath: Encouraging Fruitful Collaborations Between Local Governments And Farm Wineries In The Commonwealth, Andrew E. Tarne
Law Student Publications
While there is fairly substantial federal regulation in the field of wine law, this essay's scope will be limited to the interplay of Virginia's state and local laws that affect wineries close to home. Within that scope, this essay's purpose is threefold. First, it will highlight the key legislation and ordinances that affect farm wineries. Second, it will discuss the interplay between state and local level regulations, concluding that the General Assembly has intended to retain near exclusive regulatory powers over farm wineries. Third, it will briefly analyze the impact of the wine industry on three Virginia counties, concluding that …
Commandeering And Constitutional Change, Jud Campbell
Commandeering And Constitutional Change, Jud Campbell
Law Faculty Publications
Coming in the midst of the Rehnquist Court’s federalism revolution, Printz v. United States held that federal commandeering of state executive officers is “fundamentally incompatible with our constitutional system of dual sovereignty.” The Printz majority’s discussion of historical evidence, however, inverted Founding-era perspectives. When Federalists such as Alexander Hamilton endorsed commandeering during the ratification debates, they were not seeking to expand federal power. Quite the opposite. The Federalists capitulated to states’ rights advocates who had recently rejected a continental impost tax because Hamilton, among others, insisted on hiring federal collectors rather than commandeering state collectors. The commandeering power, it turns …
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Scholarly Articles
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …