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Articles 1 - 30 of 74
Full-Text Articles in Law
Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert
Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert
Richmond Public Interest Law Review
The United States has made notable progress in cleaning up the environment over the last 30 years. Our nation's air, land and water are, in almost all cases, significantly cleaner than they were only a few decades ago.' Before declaring victory though, we must acknowledge that some environmental problems are getting worse, and the nature of our environmental problems has changed. Many environmental problems are now global problems, as opposed to problems that could be dealt with at the national or state level. Problems have become diffuse, with no clearly identifiable source and with a lengthy delay between cause and …
North American Environment And Its Linkages To Trade, Nicole A. Kleman
North American Environment And Its Linkages To Trade, Nicole A. Kleman
Richmond Public Interest Law Review
This article will follow a deductive approach in order to comprehend the intricacies involved in the NAFTA and NAAEC's environmental provisions. It will also contextualize the inseparable relationship between environmental protection and trade which is depicted in these agreements. Part I will review and analyze the NAFTA's environmental provisions, focusing on their relevant mechanisms, nexus to trade, and shortcomings. In Part II, the uniqueness and effectiveness of the formula developed to reconcile trade and the environment in the form of the NAAEC will be introduced. Part III is divided into three categories: the Commission for Environmental Cooperation ("CEC"), Dispute Resolution …
Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff
Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff
Richmond Public Interest Law Review
This comment will attempt to address some of the issues surrounding the ISO 14000 standards and also the Eco-Management and Audit Scheme or EMAS standards. Part II of the comment will discuss the evolution and need for international standards such as ISO 14000 and EMAS. Part III will analyze the challenges to successful implementation of ISO and EMAS, particularly concentrating on the problems which may arise from the proliferation of information due to increased EMS audits. Part IV suggests that ISO audit privilege legislation be adopted by the U.S. Congress and that an ISO audit policy be adopted by the …
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.
Richmond Journal of Law & Technology
In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …
A World Wide Web Of Potential Franchise Law Violations, Michael J. Lockerby
A World Wide Web Of Potential Franchise Law Violations, Michael J. Lockerby
Richmond Journal of Law & Technology
Franchising -- whereby independent entrepreneurs are licensed to provide goods and services of uniform quality (hopefully) under their licensor's trademarks -- has long been the predominant method of distributing goods and services in the U.S. Time will tell how many suppliers use the Internet to "cut out the middleman", and instead, sell goods and services directly to the ultimate consumer. While franchising so far appears to be safe from the Internet, the Internet may not be safe from franchising -- or, perhaps more accurately, from the world wide web of laws that govern franchising. The explosive growth of Internet commerce …
Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau
Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau
Richmond Journal of Law & Technology
Imagine the following scenario. It's December 31, 1999 and two minutes until midnight. The champagne has just been poured and everyone is joyfully preparing to welcome in the new millennium. The clock ticks and the countdown begins. While millions of New Yorkers push and shove, millions more gather around television sets to catch a glimpse of the famous "ball" as it begins its descent in Times Square. Five . . . Four . . . Three . . . Two . . . One . . . "Happy New Year!!!" Little does the crowd know, that as they disperse and …
Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood
Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood
Richmond Journal of Law & Technology
The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …
Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier
Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier
Richmond Journal of Law & Technology
The Internet is experiencing explosive growth. The global World Wide Web and Internet are being embraced by the legal community at a phenomenal pace. More and more lawyers are using the Web to promote their practices, disseminate information, communicate with clients and prospective clients, conduct legal research, and carry on the practice of law. This growing use of the Web by lawyers, both nationally and internationally, is raising numerous complex ethical questions.
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Richmond Public Interest Law Review
To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …
Mcdade Amendment: Moving Towards A Meaningful Limitation On Wrongful Prosecutorial Contact With Represented Parties, Nina Marino, Richard Kaplan
Mcdade Amendment: Moving Towards A Meaningful Limitation On Wrongful Prosecutorial Contact With Represented Parties, Nina Marino, Richard Kaplan
Richmond Public Interest Law Review
In Part I, this article will examine the anti-contact rule, its history, goals, and the path it has taken in the context of prosecutorial contact with represented parties. Part II will discuss the McDade Amendment, its genesis and purpose. Part III will discuss the struggle undertaken by the Department of Justice [hereinafter "DOJ"] as it seeks to exempt its lawyers from the anti-contact rule. Finally, Part IV looks at arguments for and against prosecutorial exemption from the anti-contact rule.
Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert
Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert
Richmond Journal of Law and the Public Interest
The United States has made notable progress in cleaning up the environment over the last 30 years. Our nation's air, land and water are, in almost all cases, significantly cleaner than they were only a few decades ago.' Before declaring victory though, we must acknowledge that some environmental problems are getting worse, and the nature of our environmental problems has changed. Many environmental problems are now global problems, as opposed to problems that could be dealt with at the national or state level. Problems have become diffuse, with no clearly identifiable source and with a lengthy delay between cause and …
Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff
Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff
Richmond Journal of Law and the Public Interest
This comment will attempt to address some of the issues surrounding the ISO 14000 standards and also the Eco-Management and Audit Scheme or EMAS standards. Part II of the comment will discuss the evolution and need for international standards such as ISO 14000 and EMAS. Part III will analyze the challenges to successful implementation of ISO and EMAS, particularly concentrating on the problems which may arise from the proliferation of information due to increased EMS audits. Part IV suggests that ISO audit privilege legislation be adopted by the U.S. Congress and that an ISO audit policy be adopted by the …
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen
Richmond Journal of Law and the Public Interest
To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
Richmond Journal of Law and the Public Interest
The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …
North American Environment And Its Linkages To Trade, Nicole A. Kleman
North American Environment And Its Linkages To Trade, Nicole A. Kleman
Richmond Journal of Law and the Public Interest
This article will follow a deductive approach in order to comprehend the intricacies involved in the NAFTA and NAAEC's environmental provisions. It will also contextualize the inseparable relationship between environmental protection and trade which is depicted in these agreements. Part I will review and analyze the NAFTA's environmental provisions, focusing on their relevant mechanisms, nexus to trade, and shortcomings. In Part II, the uniqueness and effectiveness of the formula developed to reconcile trade and the environment in the form of the NAAEC will be introduced. Part III is divided into three categories: the Commission for Environmental Cooperation ("CEC"), Dispute Resolution …
The Creative As Enemy Of The True: The Meaning Of Originality In The Matthew Bender Cases, Deborah Tussey
The Creative As Enemy Of The True: The Meaning Of Originality In The Matthew Bender Cases, Deborah Tussey
Richmond Journal of Law & Technology
The scope of copyright protection for case reports and case reporters has been the subject of litigation since the Supreme Court decided its first copyright case, Wheaton v. Peters,[1] in 1834. Prior to the development of electronic technologies, the courts established a fairly consistent set of guidelines on which print publishers could rely. However, the development of electronic research tools raised new questions which the old guidelines did not address. With the founding of Lexis's online research service, and the later development of CD-ROM research products, West Publishing Co., the premier publisher of case reports, found itself in possession of …
Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun
Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun
Richmond Journal of Law & Technology
I feel strongly that the great fundamentals should be discussed more in all public meetings, and also in meetings of schools and colleges. Not only the students[,] but also the faculty should get down to more thinking and action about the great problems[,] which concern all countries and all peoples in the world today, and not let the politicians do it all and have the whole say. I have often been told that it is not the function of music (or a concert) to concern itself with matters like these. But I do not[,] by any means agree. I think …
The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock
The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock
Richmond Journal of Law & Technology
While attempting to limit potential sexual harassment suits against the Commonwealth of Virginia, and also promote workplace efficiency, the Virginia General Assembly enacted legislation prohibiting state employees from accessing information containing sexual content from state-owned or leased computers without obtaining prior approval from their agency heads. Urofsky v. Gilmore concerns a suit brought by six faculty members employed by several state universities in federal district court alleging that the legislation infringed on their First Amendment free speech rights by unconstitutionally limiting their abilities to perform their jobs. Although the district court found for the plaintiffs, that decision was reversed on …
Affordable Internet Access For All Americans, Mark J. Maier
Affordable Internet Access For All Americans, Mark J. Maier
Richmond Journal of Law & Technology
There are times in our history where new technologies burst onto the scene and have a major impact on our lives. We live in one such time. The Internet is revolutionizing how people and organizations interact with each other. Examples of these paradigm changes include how students are now being educated online with minimal face time with their teachers; governments are being forced to adapt to the new circumstance where once formidable geographical boundaries between countries are being lowered by information technology; and the military is realizing that it needs to harness this new technology or be defeated by it.
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Richmond Public Interest Law Review
Dickerson v. United States is one such case where the Fourth Circuit considered §3501 sua sponte and applied the statute in the absence of Miranda warnings. This action by the Fourth Circuit raises four issues which will be addressed in this paper. Part I addresses the issue of whether the federal executive branch can decline to enforce a law passed by Congress will be examined, as well as the related question of whether, in the face of executive refusal to use a law, can the courts sua sponte rely on that law to decide a case. In Part 11 the …
The Digital Signature: Your Identity By The Numbers, W. Everett Lupton
The Digital Signature: Your Identity By The Numbers, W. Everett Lupton
Richmond Journal of Law & Technology
Electronic commerce is the future of business. Today electronic commerce is a $3.6 billion industry. Thousands of businesses use the Internet to buy and sell their wares. As individuals and businesses increasingly use the Internet for commerce, contracts are moving online too. Because electronic commerce is conducted online, it is infeasible to make contracts through the traditional paper method. An electronic contract can be sent halfway across the world in seconds; whereas the same contract on paper would take days or weeks.
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.