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Articles 1 - 30 of 39

Full-Text Articles in Legal History

"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter May 2012

"Extraordinary Circumstances": The Legacy Of The Gang Of 14 And A Proposal For Judicial Nominations Reform, Michael Gerhardt, Richard Painter

University of Richmond Law Review

No abstract provided.


States' Rights And State Standing, Stephen I. Vladeck Mar 2012

States' Rights And State Standing, Stephen I. Vladeck

University of Richmond Law Review

No abstract provided.


Executive Power And The Law Of Nations In The Washington Administration, Robert J. Reinstein Jan 2012

Executive Power And The Law Of Nations In The Washington Administration, Robert J. Reinstein

University of Richmond Law Review

In this issue's lead article, Professor Reinstein continueshis examination of the development of executive power over foreign affairs during the early history of the Republic. Re- cently, both legal scholars and the courts are looking to the

actions of the first administrationas a potentialprecedent onhow to construe the scope and source of the President's au- thority to determine and conduct the United States' foreign

policy. Last year, in an articlepublished in thisjournal,Pro-fessor Reinstein concluded that no originalistjustificationex-ists for a plenary executive recognitionpower. In this article,

Professor Reinstein expands this discussion through an original historical and jurisprudential account ...


Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein Mar 2011

Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein

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 ...


Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr. Jan 2011

Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.

University of Richmond Law Review

No abstract provided.


Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson Jan 2011

Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson

University of Richmond Law Review

This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process ...


Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson Jan 2011

Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson

University of Richmond Law Review

No abstract provided.


Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly Nov 2010

Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly

University of Richmond Law Review

No abstract provided.


Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth Nov 2010

Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth

University of Richmond Law Review

This essay reviews the issues the Supreme Court of Virginia resolved in Truro and notes important issues it did not resolve. Part II supplies the factual background and procedural history ofthe dispute. Part III summarizes the court's opinion and the reasoning underlying its determination that Virginia Code section57-9(A) is not applicable to this particular action. Part IV critiques the opinion, noting the issues the court resolved and how it resolved them. Part V briefly addresses issues that remain unresolved by the court's decision and discusses the implications of leaving those issues unresolved. Part VI presents the authors ...


Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen Mar 2010

Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen

University of Richmond Law Review

This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.


The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson Mar 2009

The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson

University of Richmond Law Review

No abstract provided.


Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal Mar 2009

Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal

University of Richmond Law Review

No abstract provided.


Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr. Nov 2008

Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.

University of Richmond Law Review

No abstract provided.


Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget May 2008

Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget

University of Richmond Law Review

This comment will evaluate the criticism of Gebser in two novelways, now that ten years have passed since the Supreme Court issued the decision. Part II will provide pertinent background information on Title IX. Part III will identify the problem sexual harassment in educational institutions poses for this country's youth. Part IV will discuss the development of Title IX sexual harassment jurisprudence, including the Gebser decision. Part V will address the foundation of the criticism fired at Gebser's adoption of an actual notice and deliberate indifference standard of institutional liability from two fresh perspectives. First, the policybehind agency ...


The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard Sep 2007

The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard

University of Richmond Law Review

No abstract provided.


Social Justice And The Law, Elaine R. Jones Sep 2007

Social Justice And The Law, Elaine R. Jones

University of Richmond Law Review

No abstract provided.


Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla Sep 2007

Contemplating The Meaning Of "The Rule Of Law", Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Rule Of Law Conference: Global Issues And The Rule Of Law, Lord Chief Justice Nicholas Phillips Of Worth Matravers Sep 2007

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.


Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis Mar 2007

Mandatory Guidelines: The Oxymoronic State Of Sentencing After United States V. Booker, Hon. Graham C. Mullen, J. P. Davis

University of Richmond Law Review

No abstract provided.


Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist Mar 2007

Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist

University of Richmond Law Review

No abstract provided.


Ireland 1880-2005: A Constitutional Perspective, Sir David Williams Jan 2007

Ireland 1880-2005: A Constitutional Perspective, Sir David Williams

University of Richmond Law Review

No abstract provided.


Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi Jan 2007

Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi

University of Richmond Law Review

This article hopes to accomplish three things. First, it will revisit the historical origins of the doctrine of promissory estoppel in the American law of contracts and the role that Samuel Williston, the Chief Reporter of the Restatement (First) of Contracts ("First Restatement") played in the evolution of the doctrine. The dominant theory is that Williston conceptualized the new promissory estoppel doctrine in a way that retarded and blunted the doctrine shortly after its birth. This theory is adhered to by both critics and proponents of the expansion of promissory estoppel as a ground of promissory obligation. According to both ...


Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla Nov 2005

Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal Nov 2005

To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.


Tribute To Judge Merhige, Orran L. Brown Nov 2005

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.


Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell Mar 2005

Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell

University of Richmond Law Review

No abstract provided.


Federal Judicial Selection: The First Decade, Maeva Marcus Mar 2005

Federal Judicial Selection: The First Decade, Maeva Marcus

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.


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.