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Full-Text Articles in Law

Administrative Law, John Paul Jones, John R. Mohrmann Nov 2014

Administrative Law, John Paul Jones, John R. Mohrmann

University of Richmond Law Review

This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.


Preface, Tara Badawy Nov 2014

Preface, Tara Badawy

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Aaron J. Campbell Nov 2014

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to provide a succinct review of noteworthy cases in the areas of criminal law and procedure that the Supreme Court of Virginia and the Court of Appeals of Virginia decided this past year. Instead of covering every ruling or procedural point in a particular case, this article focuses on the "take- away" of the holdings with the most precedential value. This article also summarizes significant changes to criminal law and procedure enacted by the 2014 Virginia General Assembly.


Public Utilities Law, William T. Reisinger Nov 2014

Public Utilities Law, William T. Reisinger

University of Richmond Law Review

This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly's new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2014

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.


Appellate Law, Hon. Marla Graff Decker Nov 2014

Appellate Law, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.


A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman Nov 2014

A Recount Of The Recount: Obenshain V. Herring, Hon. Beverly Snukals, Maggie Bowman

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.


Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton Nov 2014

Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton

University of Richmond Law Review

No abstract provided.


Issue 1: Annual Survey 2014 Table Of Contents Nov 2014

Issue 1: Annual Survey 2014 Table Of Contents

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver Nov 2014

Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. PartIII discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.


Health Care Law, Sean P. Byrne, Garrett Hooe Nov 2014

Health Care Law, Sean P. Byrne, Garrett Hooe

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2014

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant recent developments in the laws affecting Virginia taxation. Each section covers legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation (the "Tax Department") and the Virginia Attorney General over the past year.


Acknowledgements, Robert J. Farlow May 2014

Acknowledgements, Robert J. Farlow

University of Richmond Law Review

No abstract provided.


"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker May 2014

"To Corral And Control The Ghetto": Stop, Frisk, And The Geography Of Freedom, Anders Walker

University of Richmond Law Review

While criminal law scholar Michelle Alexander has shown that stop and frisks often serve as the gateway into the criminal justice system for young men of color, she occludes the complex forces that led to their rise." This article seeks to identify those forces, relating the rise of stop and frisk rules to liberal politics, Cold War concerns, and spatial dynamics. To illustrate, this article will proceed in three parts. Part I will demonstrate how Mapp v. Ohio coincided with judicial frustration at police intrusions into private, intimate space-including private thought-precisely at a time when the United States sought to ...


Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino May 2014

Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino

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.


Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey May 2014

Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey

University of Richmond Law Review

This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act,the legislative history of ...


Issue 4: Table Of Contents May 2014

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.


Subtly Selling The System: Where Psychological Influence Tactics Lurk In Judicial Writing, Anne E. Mullins May 2014

Subtly Selling The System: Where Psychological Influence Tactics Lurk In Judicial Writing, Anne E. Mullins

University of Richmond Law Review

No abstract provided.


Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino May 2014

Silence Is Golden...Except In Health Care Philanthropy, Stacey A. Tovino

University of Richmond Law Review

No abstract provided.


Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler May 2014

Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler

University of Richmond Law Review

No abstract provided.


Energy Versus Water: The Growing Role Of Water In Controlling Energy Decisions, Andrea West Wortzel Mar 2014

Energy Versus Water: The Growing Role Of Water In Controlling Energy Decisions, Andrea West Wortzel

University of Richmond Law Review

No abstract provided.


Curtailment First: Why Climate Change And The Energy Industry Suggest A New Allocation Paradigm Is Needed For Water Utilized In Hydraulic Fracturing, Victor Flatt, Heather Payne Mar 2014

Curtailment First: Why Climate Change And The Energy Industry Suggest A New Allocation Paradigm Is Needed For Water Utilized In Hydraulic Fracturing, Victor Flatt, Heather Payne

University of Richmond Law Review

No abstract provided.


Hydraulic Fracturing And The Baseline Testing Of Groundwater, Keith B. Hall Mar 2014

Hydraulic Fracturing And The Baseline Testing Of Groundwater, Keith B. Hall

University of Richmond Law Review

This article discusses some of the legal and practical issues relating to baseline testing of groundwater and the rules designed to encourage or require such testing. Part I of the article discusses basic background material why this issue is important, what fracturing is and why it is used, the basic types of fracturing, why it can be challenging to determine the cause of alleged contamination, and why baseline testing might help. Part II examines different approaches to increasing the use of baseline testing, including regulations that require such testing and legislation that creates presumptions that provide incentives to conduct such ...


Reconciling Energy And Food Security Law, Rhett B. Larson Mar 2014

Reconciling Energy And Food Security Law, Rhett B. Larson

University of Richmond Law Review

This article argues that making "water security" a more predominant policy aim can help reconcile and integrate energy security and food security. Water security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable water, combined with acceptable levels of water-related risks (e.g., drought, flood, and water-related plagues).


Oil And Gas And Floods, Justin Pidot Mar 2014

Oil And Gas And Floods, Justin Pidot

University of Richmond Law Review

This symposium article has three goals. First, it seeks to draw attention to the pressing risks that natural disasters pose to energy infrastructure. It focuses on one type of natural disaster flooding and one variety of energy infrastructure-oil and natural gas. Natural disasters do not, however, discriminate and also pose broad risks to energy systems of all stripes. Second, the article seeks to provide examples of existing federal and state legal regimes that address to some extent the dangers floods pose to the oil and gas industry. As we shall see, the regulatory regimes I address are sparse and hardly ...


Developing Adaptive And Integrated Strategies For Managing The Electricity-Water Nexus, Benjamin K. Sovacool, Alex Gilbert Mar 2014

Developing Adaptive And Integrated Strategies For Managing The Electricity-Water Nexus, Benjamin K. Sovacool, Alex Gilbert

University of Richmond Law Review

No abstract provided.


Insurance At The Energy-Water Nexus, Donald T. Hornstein Mar 2014

Insurance At The Energy-Water Nexus, Donald T. Hornstein

University of Richmond Law Review

No abstract provided.


Table Of Contents: Allen Chair Issue 2014 Mar 2014

Table Of Contents: Allen Chair Issue 2014

University of Richmond Law Review

No abstract provided.