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Full-Text Articles in Law and Politics

Race, Speech, And Sports, Matthew J. Parlow May 2018

Race, Speech, And Sports, Matthew J. Parlow

University of Richmond Law Review

Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time.


Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon Apr 2018

Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon

University of Richmond Law Review

The U.S. Constitution parcels "legislative," "executive," and "judicial" powers among the separate branches of the federal government, but leaves those powers undefined. Accordingly, characterizing exercises of power becomes an important threshold inquiry in separation-of-powers disputes. This symposium Essay canvasses four competing judicial approaches to the characterization of power: functional inquiry; identity-of-the-officer formalism; historical induction; and skepticism. In this area, Justice Scalia's formalism has been particularly influential but created considerable tension with original public meaning originalism. This Essay explains how Scalia's formalism led to his embrace of delegation and concludes by cautioning against judicial oversimplification in the characterization inquiry.


Issue 3: Table Of Contents Mar 2018

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.


A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao Mar 2015

A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao

University of Richmond Law Review

No abstract provided.


Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith Mar 2015

Has The "Machinery Of Death" Become A Clunker?, Stephen F. Smith

University of Richmond Law Review

No abstract provided.


On Equality: The Anti-Interference Principle, Donald J. Kochan Jan 2011

On Equality: The Anti-Interference Principle, Donald J. Kochan

University of Richmond Law Review

This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …


Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang Jan 2011

Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang

University of Richmond Law Review

No abstract provided.


Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho Mar 2008

Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho

University of Richmond Law Review

No abstract provided.


Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod Jan 2008

Public Employee Speech, Categorical Balancing And § 1983: A Critique Of Garcetti V. Ceballos, Sheldon H. Nahmod

University of Richmond Law Review

I propose to discuss Garcetti's First Amendment reasoning as well as the implications of the § 1983' setting in which Garcetti and other public employee free speech cases typically arise. After briefly setting out the Court's opinion and the three dissenting opinions, I begin by addressing the pros and cons of Garcetti, and in the course of so doing, I discuss the prior Pickering-Connick landscape that Garcetti so significantly altered. I consider the deeper First Amendment implications of Garcetti, including itsuse of categorical balancing to create an absolute immunity fromFirst Amendment liability for employer discipline based on job-required public employee …


An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham May 2007

An Uninvited Guest: The Federal Death Penalty And The Massachusetts Prosecution Of Nurse Kristen Gilbert, John P. Cunningham

University of Richmond Law Review

No abstract provided.


Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy, Michael J. Kaufman Mar 2007

Reading, Writing, And Race: The Constitutionality Of Educational Strategies Designed To Teach Racial Literacy, Michael J. Kaufman

University of Richmond Law Review

No abstract provided.


The Double Standard In Judicial Selection, Edwin Meese Iii Jan 2007

The Double Standard In Judicial Selection, Edwin Meese Iii

University of Richmond Law Review

No abstract provided.


First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell Nov 2006

First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell

University of Richmond Law Review

No abstract provided.


Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton May 2006

Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton

University of Richmond Law Review

No abstract provided.


Fighting Terrorism And Preserving Civil Liberties, James B. Comey Jan 2006

Fighting Terrorism And Preserving Civil Liberties, James B. Comey

University of Richmond Law Review

No abstract provided.


Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman Mar 2005

Judicial Confirmation Wars: Ideology And The Battle For The Federal Courts, Sheldon Goldman

University of Richmond Law Review

No abstract provided.


Judicial Selection As . . . Talk Radio, Michael J. Gerhardt Mar 2005

Judicial Selection As . . . Talk Radio, Michael J. Gerhardt

University of Richmond Law Review

No abstract provided.


Reflections On Brown And The Future, Oliver W. Hill Sr. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


Legislative Restraint In The Confirmation Process, Kenneth W. Starr Mar 2004

Legislative Restraint In The Confirmation Process, Kenneth W. Starr

University of Richmond Law Review

No abstract provided.


The Three Independences, H. Jefferson Powell Mar 2004

The Three Independences, H. Jefferson Powell

University of Richmond Law Review

No abstract provided.


Judicial Independence, William H. Rehnquist Mar 2004

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.


Judicial Independence In Virginia, W. Hamilton Bryson Jan 2004

Judicial Independence In Virginia, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.


Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott Mar 2003

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.


Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla Mar 2003

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen Mar 2003

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.


It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner Mar 2003

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.


Separation Of Powers And The 1995-1996 Budget Impasse, Henry L. Chambers, Jr. Jan 1996

Separation Of Powers And The 1995-1996 Budget Impasse, Henry L. Chambers, Jr.

Law Faculty Publications

Separation of powers doctrine will have implications for any budget regime which contemplates explicit power sharing. This Article examines the possible separation of power pitfalls which threaten to undermine the emergence of a relatively healthy new budget regime and the creative mechanisms necessary to make that regime work. The Constitution does not provide many explicit instructions regarding the federal budgeting process. Thus, whether a particular budget arrangement is a good one requires a largely political analysis. Whether a particular budget arrangement is constitutional must be answered by the Supreme Court. On what basis the Court should make such a decision, …