Law Commons^™

President Donald Trump And Federal Bench Diversity, Carl W. Tobias

Law Faculty Publications

President Donald Trump constantly reminds United States citizens about the myriad circuit and district court appointments that his White House is making to the federal judiciary. Last September, Trump proposed the seventh “wave,” which included three people of color among sixteen judicial nominees. This wave permitted the administration to triple the number of ethnic minority picks whom it had selected, which means that the Executive Branch has proffered ten persons of color in appeals court and district court submissions, yet none is a lesbian, gay, bisexual, or transgender (LGBT) individual. Nevertheless, a problematic pattern, which implicates a stunning lack of …

Remarks On Campus Sexual Assault, Alison M. Tinsey

University of Richmond Law Review

No abstract provided.

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

University of Richmond Law Review

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.

The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii

University of Richmond Law Review

Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.

In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …

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

University of Richmond Law Review

No abstract provided.

Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan

University of Richmond Law Review

No abstract provided.

The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.

University of Richmond Law Review

No abstract provided.

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

A six-volume work, this set constitutes a major revision and massive expansion of the 1995 Oxford Encyclopedia of the Modern Islamic World. In addition to covering Islamic societies in the modern world from the eighteenth century to the present, as the earlier four-volume set did, it will add a depth of historical background going back to the pre- Islamic era. The new reference also covers the full geographical extent of Islam by focusing not only on the countries in which Islam is dominant, but also on regions in which Muslims live as minorities, such as Europe and the Americas.

Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait

Law Faculty Publications

The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …

Untying The Knot: An Analysis Of The English Divorce And Matrimonial Causes Court Records, 1858-1966, Danaya C. Wright

University of Richmond Law Review

No abstract provided.

Force And Colonial Development In Eastern Uganda, Carol Summers

History Faculty Publications

This article explores why and how administrators and missionaries in Eastern Uganda came to associate progress and development with the need to whip, coerce, and imprison women, developing new institutions for the violent control of wives that went far beyond more common patterns of informal patriarchal control. New Native Courts took over from husbands in arranging for troublesome wives to be whipped. New mission associations of church, teachers’ and evangelists’ groups, and church men’s groups worked to establish Christian patriarchal control over wives who rejected husbands and Christ. Both officials and missionaries understood clearly that the government and missions needed …

Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri

Law Faculty Publications

In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …

Fostering Balance On The Federal Courts, Carl W. Tobias

Law Faculty Publications

During the 1992 presidential election campaign, Governor William Jefferson Clinton pledged to increase the numbers and percentages of women and minorities on the federal bench while appointing judges who are highly intelligent, demonstrate balanced judicial temperament, and exhibit a commitment to enforcing constitutional rights. The record of judicial selection that President Clinton compiled in his first term as Chief Executive shows that he honored these campaign commitments. President Clinton chose federal judges who make the judiciary's composition more closely resemble the American populace and who possess excellent qualifications.

The Clinton Administration named unprecedented numbers and percentages of very capable female …

Islam, Law And Custom: Redefining Muslim Women's Rights, Azizah Y. Al-Hibri

Law Faculty Publications

In discussing personal status codes, the article focuses on three specific issues: the right of a woman to contract her own marriage, the duty of the wife to obey her husband, and the right of the wife to initiate divorce. There are several good reasons for focusing on these issues. Foremost among them is the fact that they have been and continue to be of great concern to Muslim women. Another reason is that despite their diverse subject matter, these three issues are based on the same jurisprudential foundation. Hence, our discussion and critical analysis of that foundation will have …

Marriage And Divorce: Legal Foundations, Azizah Y. Al-Hibri

Law Faculty Publications

This unique reference is a comprehensive encyclopedia dedicated to the institutions, religion, politics, and culture in Muslim societies throughout the world. Placing particular emphasis on the nineteenth and twentieth centuries, The Oxford Encyclopedia of the Modern Islamic World contains over 750 articles in four volumes on Muslims in the Arab heartland as well as South and Southeast Asia, Europe, and the Americas.

An invaluable resource, the Encyclopedia offers extensive comparative and systematic analyses of Islamic beliefs, institutions, movements, practices, and peoples on an international scale. The alphabetically arranged articles range from brief 500-word essays to major interpretive and synthetic treatment …

Engendering Law Faculties, Carl W. Tobias

Law Faculty Publications

Numerous women have experienced great difficulty securing tenure at many institutions during the 1980's, even though significant numbers of women entered law teaching in that period. There currently is only an imperfect understanding of the reasons why women have encountered problems in attaining tenure. It is imperative that an enhanced appreciation of these difficulties be developed. If the problems are allowed to persist, the career and the personal well-being of every woman who considers seeking tenure are jeopardized, legal education's commitment to fairness is threatened, and the prospects for improving the treatment of women in the legal profession are reduced. …

The Gender Gap On The Federal Bench, Carl W. Tobias

Law Faculty Publications

This Commentary evaluates President George H.W. Bush's lackluster record of appointing women to the federal courts. The Commentary initially examines the relevant data on female judicial appointments and assesses why the Bush Administration has placed few women on the bench. It next recommends that President Bush name substantially more women in 1991 and 1992 and explores why and how this endeavor should be instituted. The Commentary then analyzes what the Bush Administration is likely to do about the paucity of female appointees. Because it is not clear that President Bush will place very many women on the federal courts, the …

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …

Sex Discrimination In Pension And Retirement Annuity Plans After Arizona Governing Committee V. Norris: Recognizing And Remedying Employer Non-Compliance, Mary L. Heen

Law Faculty Publications

This article is intended to help employees and practitioners determine whether an employer's pension or annuity plan violates Title VII, and if so, to identify the scope of relief which may be obtained. Part I discusses the Supreme Court's decision in Arizona Governing Committee v. Norris. Part II discusses the various types of pension and retirement plans, and describes how to identify sex discrimination in typical plans. Part ill briefly addresses the more difficult question of how to remedy employer non-compliance, and discusses the relief issues raised by both retirees and present employees (with reagard to benefits based on post-Norris …