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Articles 1 - 10 of 10
Full-Text Articles in Jurisprudence
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
Temporal Arbitrariness: A Back To The Future Look At A Twenty-Five-Year-Old Death Penalty Trial, Mary Kelly Tate
University of Richmond Law Review
No abstract provided.
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, Kevin C. Walsh
Judge Posner, Judge Wilkinson, And Judicial Critique Of Constitutional Theory, Kevin C. Walsh
Law Faculty Publications
Judge Richard Posner's well-known view is that constitutional theory is useless. And Judge J Harvie Wilkinson III has lambasted constitutional theory for the way in which its "cosmic" aspirations threaten democratic self-governance. Many other judges hold similar views. And yet both Posner and Wilkinson-in the popular press, in law review articles, and in books-have advocated what appear to be their own theories of how to judge in constitutional cases. Judicial pragmatism for Posner and judicial restraint for Wilkinson seem to be substitutes for originalism, living constitutionalism, political process theory, and so on. But both Posner and Wilkinson also deny that …
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers, Jr.
The Wild West Of Supreme Court Employment Discrimination Jurisprudence, Henry L. Chambers, Jr.
Law Faculty Publications
This Essay considers three cases decided in the Supreme Court's 2008-2009 term and notes some of the major issues that are left open for discussion after these cases; its purpose is not to catalog every issue that these cases raise. Taken together, these cases challenge employment discrimination doctrine in a fundamental way. This provides the Fourth Circuit in particular the opportunity to continue doing what it has often done-think creatively about employment discrimination doctrine. This is an observation, not a criticism of the Fourth Circuit. It suggests that the Fourth Circuit can make a difference. Of course, the Fourth Circuit's …
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
Extraordinary Rendition: A Wrong Without A Right, Robert Johnson
University of Richmond Law Review
No abstract provided.
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
University of Richmond Law Review
No abstract provided.
The Force Of Law: The Role Of Coercion In Legal Norms, Ekow N. Yankah
The Force Of Law: The Role Of Coercion In Legal Norms, Ekow N. Yankah
University of Richmond Law Review
No abstract provided.
Rethinking Dui Law In Virginia, Monte Kuligowski
Rethinking Dui Law In Virginia, Monte Kuligowski
University of Richmond Law Review
As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers
University of Richmond Law Review
No abstract provided.
On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara K. Bucholtz
On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara K. Bucholtz
University of Richmond Law Review
No abstract provided.
An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal
An Alternative Approach To The Good Faith Controversy, Ronald J. Bacigal
Law Faculty Publications
This Article examines the role of police motivation in all facets of fourth amendment jurisprudence and demonstrates that the Court has often considered good faith as one relevant but ill-defined factor in determining substantive aspects of the fourth amendment. The Article concludes that this ambiguous and flexible approach to substantive fourth amendment rights should be utilized when applying the remedy of exclusion.