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Articles 1 - 30 of 45
Full-Text Articles in Law
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
No abstract provided.
The Government Of The Living-The Legacy Of The Dead, Jon C. Blue
The Government Of The Living-The Legacy Of The Dead, Jon C. Blue
University of Richmond Law Review
Akhil Amar has written a stunning book about what he calls "the high temple of our constitutional order"-the Bill of Rights. The temple metaphor is revealing, for it is evident throughout his book that Professor Amar views the Constitution as a sanctified structure, the use of which is to be determined by a holistic study of the original blueprints and the surviving comments of the long-dead architects. This characterization is complicated but not fundamentally changed by the fact that Amar's story is, as the subtitle of the book proclaims, one of "creation and reconstruction." The creation is that of the …
The Bill Of Rights As An Exclamation Point, Gary Lawson
The Bill Of Rights As An Exclamation Point, Gary Lawson
University of Richmond Law Review
Akhil Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights") is one of the best law books of the twentieth century. That is not surprising, as it grows out of two of the best law review articles of the twentieth century and was written by one of the century's premier legal scholars. I have been an unabashed Akhil Amar fan ever since our overlapping law school days more than fifteen years ago, and I am thrilled to have my perspicacity and good judgment vindicated by the publication of this remarkable work.
Mfn Relations With Communist Countries: Is The Two-Decade Old System Working, Or Should It Be Revised Or Repealed?, Taunya L. Mclarty
Mfn Relations With Communist Countries: Is The Two-Decade Old System Working, Or Should It Be Revised Or Repealed?, Taunya L. Mclarty
University of Richmond Law Review
Most Favored Nation ('MEN") trade status has been a cornerstone of U.S. trade policy since 1934, and it is extended to all nations except those specifically denied MFN status by U.S. law. Since 1934, the United States has used MFN status as leverage to further U.S. national security and foreign policy goals, and on a few occasions, has used it as a tool to obtain trade concessions.
Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.
Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.
University of Richmond Law Review
This article focuses on some of the recent developments in civil litigation from June 1, 1998 to May 30, 1999, that have been effected by the Virginia General Assembly and the Supreme Court of Virginia. Each numbered discussion section is organized by topic in alphabetical order. This article highlights legislation of general interest to civil practitioners and does not purport to be all inclusive. This article does not address criminal procedure.
International Environmental Litigation And Its Future, Philippe Sands
International Environmental Litigation And Its Future, Philippe Sands
University of Richmond Law Review
The subject of international environmental law is relatively new. The subject was certainly not taught when the University of Richmond School of Law was established in 1870, even if early international law texts before that period did indicate a nascent concern for the issues of fisheries conservation and the use of international rivers. The late part of the last century and the early part of this one recognized a world in which international law could be divided, rather simply, between the law of peace and the law of war. It was a world with few international courts and tribunals in …
Annual Survey Of Virginia Law: Damages For Medical Malpractice In Virginia, Michael L. Goodman, Kathryn Freeman-Jones, Kathleen M. Mccauley
Annual Survey Of Virginia Law: Damages For Medical Malpractice In Virginia, Michael L. Goodman, Kathryn Freeman-Jones, Kathleen M. Mccauley
University of Richmond Law Review
As a general rule, a plaintiff in actions for personal injury and wrongful death in Virginia, regardless ofwhether the cause derives from medical malpractice, may state a claim for any medical expenses incurred as a result of the alleged injury or death. By definition, an expense is incurred when it has been paid or one "become[s] legally obligated to pay it." A tortfeasor is bound and obligated to make the plaintiff whole, which means the injured party or his estate must be reasonably compensated for the fair and reasonable value of incurred medical expenses.
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
University of Richmond Law Review
I start from the rather obvious proposition that in recent years the American public has placed a high value on the right of privacy. This general commitment to privacy was what kept Robert Bork, despite his qualifications, off the Supreme Court, and more recently it was what kept William Clinton, despite his behavior, in the White House. Bork's nomination was a threat to the constitutional right to use contraceptives and to choose abortion, while the impeachment charges against Clinton were a threat to the moral distinction between public political life and private sexual behavior. The power that the idea of …
The Constitution As A Whole: A Partial Political Science Perspective, Mark A. Graber
The Constitution As A Whole: A Partial Political Science Perspective, Mark A. Graber
University of Richmond Law Review
The Bill of Rights: Creationand Reconstruction ("The Bill of Rights")' is a professionally rewarding and disturbing masterpiece. The work is professionally rewarding because Professor Akhil Amar develops a meticulously detailed, historically sophisticated, and largely persuasive account of how the liberties set out in the Bill of Rights were originally understood and the original relationship between the Bill of Rights and the Fourteenth Amendment. This is state of the art legal scholarship that will no doubt influence the way the next generation of constitutional lawyers and historians study fundamental constitutional rights. Professor Amar's book is professionally disturbing in part because, having …
Holding The Same-Sex Sexual Harassment Claim At Arm's Length: The Supreme Court's Strict [And Correct] Interpretation Of Title Vii In Oncale V. Sundowner Offshore Services, Inc., Thomas I. Queen Jr.
Holding The Same-Sex Sexual Harassment Claim At Arm's Length: The Supreme Court's Strict [And Correct] Interpretation Of Title Vii In Oncale V. Sundowner Offshore Services, Inc., Thomas I. Queen Jr.
University of Richmond Law Review
Title VII of the Civil Rights Act of 1964 forbids an employer from "discriminat[ing] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's ...sex." In addition to prohibiting discriminatory hiring practices based on the potential employee's sex, the Supreme Court has extended the language of Title VII to afford employees a remedy for sexual harassment in the workplace.
The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, Joel R. Cornwell
The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, Joel R. Cornwell
University of Richmond Law Review
The public perception that criminal conduct is increasingly excused on psychological grounds, notwithstanding a markedly small statistical success rate of diminished capacity defenses, evinces misplaced frustration over a broader cultural reluctance or inability to assign moral blame. Psychology is seen as feeding a kind of determinism that rationalizes evil behavior and precludes retributive punishment as a matter of scientific principle. This perception is accurate to the degree that it reveals our legal system's fundamental confusion of purposes in judging and explaining criminal behavior. This confusion is engendered by the indeterminacy of language, which entangles the verificationist mode and purpose of …
Establishing A Pattern: An Analysis Of The Supreme Court's Establishment Clause Jurisprudence, Lisa Langendorfer
Establishing A Pattern: An Analysis Of The Supreme Court's Establishment Clause Jurisprudence, Lisa Langendorfer
University of Richmond Law Review
The First Amendment to the United States Constitution reads in part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These two phrases are known as the Establishment Clause and the Free Exercise Clause, respectively, and each plays a distinct part in determining the role and status of religion in American society. The Free Exercise Clause guarantees freedom of religious expression to the individual, while the Establishment Clause prohibits the government from involving itself in religious affairs and prevents religious officials from exerting improper influence over the government.
Annual Survey Of Virginia Law: Corporate Law, A. Eric Kauders Jr.
Annual Survey Of Virginia Law: Corporate Law, A. Eric Kauders Jr.
University of Richmond Law Review
Despite its widely held reputation as being a bastion of all things conservative, Virginia has long been a leader on the frontier of corporate and partnership law. As a recent example confirming its progressive reputation, one need look no further than the 1991 passage of legislation permitting the formation of limited liability companies. While the amount ofactivity in corporate law this year was far from notable, the legislation and judicial decisions from the past year continue to demonstrate Virginia's "corporate activism."
Annual Survey Of Virginia Law: Criminal Law, Carolyn V. Grady, Jennifer M. Newman
Annual Survey Of Virginia Law: Criminal Law, Carolyn V. Grady, Jennifer M. Newman
University of Richmond Law Review
This article summarizes most published criminal law decisions of the Supreme Court of Virginia and the Virginia Court ofAppeals sitting en banc, issued between July 1, 1998 and July 1, 1999. This article also includes selected published panel opinions oftheVirginia Court of Appeals and a summary of the most significant criminal law enactments from the 1999 session of the Virginia General Assembly.
Is Nafta Up To Its Green Expectations? Effective Law Enforcement Under The North American Agreement On Environmental Cooperation, Beatriz Bugeda
Is Nafta Up To Its Green Expectations? Effective Law Enforcement Under The North American Agreement On Environmental Cooperation, Beatriz Bugeda
University of Richmond Law Review
On January 1, 1994, the North American Free Trade Agreement (NAFTA) between the governments of Mexico, Canada and the United States went into effect. Together with this trade agreement, the governments of the three countries entered into a side agreement on the environment: the North American Agreement on Environmental Cooperation (NAAEC). This agreement, also known as the Environmental Side Agreement, responded to some of the concerns of NAFTA critics. Some environmentalists believed NAFTA would promote environmentally insensitive and uncontrolled growth, and others thought the liberalization of trade would be used as a means to preempt stringent domestic environmental regulations.
Treaty Congestion In International Environmental Law: The Need For Greater International Coordination, Bethany Lukitsch Hicks
Treaty Congestion In International Environmental Law: The Need For Greater International Coordination, Bethany Lukitsch Hicks
University of Richmond Law Review
The number of multilateral environmental agreements in the international community has proliferated greatly since the 1972 United Nations Conference on the Human Environment held in Stockholm, Sweden. When the conference was held in 1972, there were approximately three dozen multilateral environmental agreements in existence. In 1989, the United Nations' Environmental Programme (UNEP) Register of Environmental Agreements listed a total of 139 treaties. Today, there are more than 900 international legal instruments, including treaties and binding or non-binding agreements that "are either focused on [the] environment or contain one or more important provisions concerned with the environment." This growth and success …
Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson
Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson
University of Richmond Law Review
The National Environmental Policy Act of 1969 (NEPA) was the first major environmental law in the United States. The statute "was devised to establish a comprehensive national policy which would ... guid[e] federal activity and provid[e] for a coordinated, informed approach toward dealing with environmental problems." Since NEPA's enactment, agencies have been "required to prepare environmental analyses, with input from the state and local governments, Indian tribes, the public, and other federal agencies, when considering a proposal for a major federal action." Although most of the environmental impact assessment law in the world is modeled on NEPA and the impact …
Justice And Mrs. Lewis F. Powell Jr.: A Son's Perspective, Lewis F. Powell Iii
Justice And Mrs. Lewis F. Powell Jr.: A Son's Perspective, Lewis F. Powell Iii
University of Richmond Law Review
I was very pleased to be asked to submit a Foreword for this dedicatory issue. I was nonetheless concerned that I could hardly be deemed an objective observer. Moreover, I am not qualified to critique my father's tenure on the Supreme Court. Nor can I offer any useful or interesting insight on his long years practicing law in Richmond. So, at first I resisted the Law Review's generous invitation.
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
University of Richmond Law Review
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin
University of Richmond Law Review
"An argument broke out between [Kevin] and Stacey in the 500 block of Louden Avenue. Stacey got smacked and then ran into Wildwood Parkway. Me, [Kevin], and a few other guys ran after Stacey .... We beat Stacey up."
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
University of Richmond Law Review
In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of Founders, Federalists, Anti-Federalists, promoters of the Bill of Rights, contrarians of Barron v. Mayor of Baltimore, abolitionists, antislavery advocates, Fourteenth Amendment Republican Framers, ratifiers, and twentieth-century U.S. Supreme Court justices, all have their role. If they do not sing the same tune, at least their voices, under Amar's skillful direction, whether melody or harmony, alto or soprano, all harmonize to produce a clear song.
Preface, John P. Cunningham
Preface, John P. Cunningham
University of Richmond Law Review
The University of Richmond Law Review is extremely pleased to present this special issue dedicated to Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction. The purpose of the issue is to celebrate the groundbreaking nature of Professor Amar's contemporary text by providing a collection of eleven scholarly commentaries in which some of the finest constitutional jurists in the United States react to the book. The commentators each offer a unique perspective on the dynamic text, utilizing legal, judicial, historical, philosophical, and even esoteric influences to analyze its contents. In an eloquent response to his academic peers, Continuing …
We Some Of The People: Akhil Reed Amor And The Original Intent Of The Bill Of Rights, Wythe Holt
We Some Of The People: Akhil Reed Amor And The Original Intent Of The Bill Of Rights, Wythe Holt
University of Richmond Law Review
The Leninist model of working-class consciousness and that of the Commons/Perlman progressive school of labor economists have much in common. Both regard the intellectual as playing a crucial role in changing the workers' consciousness.
Akhil Amar And The Establishment Clause, Andrew Koppelman
Akhil Amar And The Establishment Clause, Andrew Koppelman
University of Richmond Law Review
Does Akhil Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights") say anything about what the law should be today? The answer is not clear. The book is a study of the original meaning of the Bill of Rights and the transformation of that meaning by the Fourteenth Amendment. Its project is archaeological rather than prescriptive. It focuses on what the Constitution meant in 1791 and in 1866, not what it means now. Amar acknowledges that he has "merely set the scene" for an investigation into what impact twentieth-century (textual and other) developments have had on Constitutional …
Two Movements Of A Constitutional Symphony: Akhil Reed Amar's The Bill Of Rights, Kurt T. Lash
Two Movements Of A Constitutional Symphony: Akhil Reed Amar's The Bill Of Rights, Kurt T. Lash
University of Richmond Law Review
A remarkable effort is afoot to justify American constitutional law at the end of the twentieth century. Ground zero in this effort is Yale Law School, and the principle architects are professors Akhil Reed Amar and Bruce Ackerman. Together, these scholars are calling for a reevaluation of commonly accepted doctrines with the goal of grounding judicial review and constitutional interpretation on the principles of popular sovereignty. What makes the effort remarkable is its emphasis on political morality, as opposed to the attainment of a particular doctrinal end. Take, for example, Amar's explanation of his purpose in writing The Bill of …
The Original Understanding Of The Seventh Amendment Right To Jury Trial, Stanton D. Krauss
The Original Understanding Of The Seventh Amendment Right To Jury Trial, Stanton D. Krauss
University of Richmond Law Review
I ought to be very angry with my friend Akhil Amar. His new book, The Bill of Rights: Creation and Reconstruction, strengthens, develops, and popularizes his strikingly original claim that the meaning of our Bill of Rights must be sought in the understanding of the people who enacted the Fourteenth Amendment, rather than that of James Madison and his contemporaries. If Akhil carries the day on this question-and I find his arguments quite powerful, my ongoing research into the original meaning of the Bill will be of interest only to antiquarians.
The Concept Of Incorporation, Earl M. Maltz
The Concept Of Incorporation, Earl M. Maltz
University of Richmond Law Review
Akhil Amar's new book is by any standard a major contribution to the literature on the Bill of Rights. Amar skillfully combines historical research and legal analysis to give the reader a variety of fresh, important insights into the role that the first ten amendments have played in the evolution of the American constitutional system. Among the many innovative concepts in the book is Amar's treatment of the question of whether the Fourteenth Amendment was originally understood to incorporate the Bill of Rights. Rejecting the traditional dogmas of both incorporation and anti-incorporation theorists, he proposes a new theory-"refined incorporationism"-which focuses, …
Response: Continuing The Conversation, Akhil Reed Amar
Response: Continuing The Conversation, Akhil Reed Amar
University of Richmond Law Review
In The Bill of Rights: Creation and Reconstruction, I aimed to start a conversation, not end one. I am thus grateful for the generosity of the many fine scholars who in the preceding pages have graciously accepted the invitation to converse. And I am especially grateful for the extraordinary hospitality of the University of Richmond Law Review, which has kindly given a home to this conversation.