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Articles 1 - 23 of 23
Full-Text Articles in Law
Environmental Law, Caleb A. Jaffe, Sean M. Carney
Environmental Law, Caleb A. Jaffe, Sean M. Carney
University of Richmond Law Review
No abstract provided.
Community Development Authorities, Andrew A. Painter
Community Development Authorities, Andrew A. Painter
University of Richmond Law Review
Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …
Challenging Supremacy: Virginia's Response To The Patient Protection And Affordable Care Act, Matthew R. Farley
Challenging Supremacy: Virginia's Response To The Patient Protection And Affordable Care Act, Matthew R. Farley
University of Richmond Law Review
No abstract provided.
Construction Law, Christopher G. Hill
Construction Law, Christopher G. Hill
University of Richmond Law Review
This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
University of Richmond Law Review
Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power ofAttorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in thisarea. This article reports on all of these legislative and judicial developments, along with …
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Law Student Publications
This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.
Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through “Sexting”, Isaac A. Mcbeth
Prosecute The Cheerleader, Save The World?: Asserting Federal Jurisdiction Over Child Pornography Crimes Committed Through “Sexting”, Isaac A. Mcbeth
Law Student Publications
This comment explores the possible scenarios in which sexting could give rise to prosecution under Protection of Children Against Sexual Exploitation Act of 1977 (“PCASEA”) for transporting, distributing, receiving, or possessing child pornography.2 Part II provides background information on the practice and prevalence of sexting. Part III discusses the definition of child pornography within the meaning of federal law and applies that definition to sexting. Part IV presents the concept of the transporting or shipping in interstate or foreign commerce jurisdictional hook and its potential relation to sexting. Part V applies the principles of statutory interpretation to the relevant provisions …
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
Finding The Proper Forum For Regulation Of U.S. Greenhouse Gas Emissions: The Legal And Economic Implications Of Massachusetts V. Epa, George F. Allen, Marlo Lewis
University of Richmond Law Review
No abstract provided.
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Public Interest Law Review
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
Richmond Public Interest Law Review
This Article examines whether legislative and policy changes in the federal procurement system will result in major financial and integrity changes. Note that while government procurement activities undertaken by individual states are a substantive part of the Nation's economy, this Article is restricted to federal procurement law and policy. Part I discusses Title 41 of the United States Code, which provides the statutory authority for all federal procurement activities. Part I also briefly covers the supporting regulations known as the Federal Acquisition Rules ("FAR"). Part II examines the roles, membership and obligations of the Office of Federal Procurement Policy, the …
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb
Richmond Journal of Law and the Public Interest
Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …
Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper
Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper
Richmond Journal of Law and the Public Interest
This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.
Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie
Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie
Richmond Journal of Law and the Public Interest
This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have …
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio
Richmond Public Interest Law Review
The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …
Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie
Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie
Richmond Public Interest Law Review
This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have …
Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper
Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper
Richmond Public Interest Law Review
This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities - How Senate Bill 585 Could Have Helped, Jillian Malizio
Richmond Journal of Law and the Public Interest
The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner's right to "meaningful access" to the courts from both an adult and juvenile's perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of "meaningful access" and shows …
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
Richmond Journal of Law and the Public Interest
This Article examines whether legislative and policy changes in the federal procurement system will result in major financial and integrity changes. Note that while government procurement activities undertaken by individual states are a substantive part of the Nation's economy, this Article is restricted to federal procurement law and policy. Part I discusses Title 41 of the United States Code, which provides the statutory authority for all federal procurement activities. Part I also briefly covers the supporting regulations known as the Federal Acquisition Rules ("FAR"). Part II examines the roles, membership and obligations of the Office of Federal Procurement Policy, the …
The Road Not Taken: Rethinking Securities Regulation And The Case For Federal Merit Review, Daniel J. Morrissey
The Road Not Taken: Rethinking Securities Regulation And The Case For Federal Merit Review, Daniel J. Morrissey
University of Richmond Law Review
No abstract provided.
Congress, Corporate Boards, And Oversight: A Public Law/Private Law Comparison, Paul S. Miller
Congress, Corporate Boards, And Oversight: A Public Law/Private Law Comparison, Paul S. Miller
University of Richmond Law Review
No abstract provided.
Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale
Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale
University of Richmond Law Review
No abstract provided.
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright
University of Richmond Law Review
No abstract provided.