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Articles 1 - 30 of 33
Full-Text Articles in Legal Writing and Research
How To Do Things With Signs: Semiotics In Legal Theory, Practice, And Education, Harold Anthony Lloyd
How To Do Things With Signs: Semiotics In Legal Theory, Practice, And Education, Harold Anthony Lloyd
University of Richmond Law Review
This Article therefore broadly explores semiotics through a lawyer’s lens, hopefully simplifying as much as possible much of the complex, divergent, and, frankly, sometimes baffling terminology used by those who explore semiotics. This Article will first continue below with a general definition of signs and the related notion of intentionality. It will then address the structure and concomitants of signs, the nature of speech acts that are of interest to lawyers, the sign classifications used in legal analysis and rhetoric, the role of signs in careful legal thought and good legal rhetoric, the unfolding of the signified and the fixation …
You Could Have Told Me That In The First Place: Five Tips That Might Have Saved A Young Lawyer A Lot Of Trouble, Jay O'Keeffe
You Could Have Told Me That In The First Place: Five Tips That Might Have Saved A Young Lawyer A Lot Of Trouble, Jay O'Keeffe
University of Richmond Law Review
I will open with a confession: I have very, very little to contribute to legal scholarship. My day-to-day work as a lawyer and a parent keeps me busy. My career to date as a generalist has not led me to develop any great substantive expertise in a particular area of the law. Even my war stories are boring because they cluster around briefs, procedural defaults, and oral arguments. But I do have one thing to offer. I have been lucky in my career to work in “Biglaw,” then at a medium-sized firm of about fifty lawyers, and most recently at …
Acknowledgments, Alexander R. Mcdaniel
Acknowledgments, Alexander R. Mcdaniel
University of Richmond Law Review
No abstract provided.
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
University of Richmond Law Review
No abstract provided.
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
University of Richmond Law Review
No abstract provided.
Tribute To Gail F. Zwirner, Paul M. Birch
Tribute To Gail F. Zwirner, Paul M. Birch
University of Richmond Law Review
No abstract provided.
Dedication To Dean Timothy L. Coggins, W. Clark Williams Jr.
Dedication To Dean Timothy L. Coggins, W. Clark Williams Jr.
University of Richmond Law Review
No abstract provided.
Pining For Sustainability, Timothy M. Mulvaney
Pining For Sustainability, Timothy M. Mulvaney
University of Richmond Law Review
In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin
University of Richmond Law Review
No abstract provided.
The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner
The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner
University of Richmond Law Review
One of the most notable trends in legal scholarship is the explosion of writing on social norms. Just a few years ago one might have argued that the scholarship was marginal, of interest to only a handful of law professors, but expressions of skepticism about the value of this scholarship have become rare. At the same time, it would be wrong to say that "law and social norms" ("LSN") is a movement or school within legal scholarship: the writings about this topic are too diverse, and there is little of that sense of forward movement that is characteristic of more …
Predicting Defection, Elmer J. Shaefer
Predicting Defection, Elmer J. Shaefer
University of Richmond Law Review
Eric Posner's cooperation theory of social norms develops from rational choice theory an austere and powerful explanation of why people comply with social norms. He illustrates his theory with subtle analysis of a number of legal issues. The book will help anyone influenced by law and economics to incorporate into her thinking the work in sociology, psychology, and ethics that bears on human behavior. Most readers will find applications for Posner's theory.
Signaling Or Reciprocating? A Response To Eric Posner's Law And Social Norms, Dan M. Kahan
Signaling Or Reciprocating? A Response To Eric Posner's Law And Social Norms, Dan M. Kahan
University of Richmond Law Review
There is an almost heretical disenchantment with law percolating within the legal academy. Conventional wisdom sees law as the natural solution to problems of collective action. When attaining some societal good-for example, a clean environment, a stock of useful technologies, a public education system, or a transportation infrastructure-depends on the willingness of individuals to behave in a manner that is not in their material interest, the law supplies incentives-such as tax abatements for nonpolluters, property rights for inventors, and punishments for tax cheats-that bring individual interests into alignment with collective ones. The problem, though, is that a regime of regulatory …
Norms And Signals: Some Skeptical Observations, Paul G. Mahoney
Norms And Signals: Some Skeptical Observations, Paul G. Mahoney
University of Richmond Law Review
Law and Social Norms is just what the growing field of norms scholarship needed. Legal scholars have generated an impressive body of observations about the myriad situations in which individuals pressure one another to act civilly. Eric Posner's book provides a simple, elegant model with very few working parts and promises to go a long way toward connecting these observations to form a coherent whole.
Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares
Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares
University of Richmond Law Review
Although criminal law can be justified with respect to non-utilitarian goals such as retribution, no one can deny that one way to justify criminal law is with respect to the instrumental ends of deterrence. So, one question of interest to scholars in the field has been how to think about the kinds of criminal law policy that encourage compliance. My own work has focused on this important question. Specifically, I have been concerned with the ways in which different kinds of criminal proscriptions, along with certain methods of law enforcement, could affect crime rates in disadvantaged, urban neighborhoods. In undertaking …
Meeting By Signals, Playing By Norms: Complementary Accounts Of Nonlegal Cooperation In Institutions, Edward Rock, Michael Wachter
Meeting By Signals, Playing By Norms: Complementary Accounts Of Nonlegal Cooperation In Institutions, Edward Rock, Michael Wachter
University of Richmond Law Review
Professor Eric A. Posner has written a fascinating book about "Law and Social Norms." In it, he uses an informal signaling model (derived from Michael Spence's formal model) to explain a wide range of striking social behavior, and to show underlying connections among apparently disparate phenomena. Looking at topics as dissimilar as gift giving, family law, criminal law, voting and political participation, and commercial practice, he argues that much of observed social behavior can be understood as the result of attempts to signal that one is a good cooperator.
Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights, Melvin I. Urofsky
Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights, Melvin I. Urofsky
University of Richmond Law Review
One of the more interesting, and at times more strident, debates in recent years is between a faction of the feminist coalition, proposing new and harsher methods of eliminating pornography and of punishing those who produce and purvey it, and civil libertarians, including many other feminists, who oppose such measures primarily on First Amendment grounds. The debate extends well beyond the cloistered halls of academe, and is far from arcane or hypothetical.
"Speech Acts" And The First Amendment, Lawrence Friedman
"Speech Acts" And The First Amendment, Lawrence Friedman
University of Richmond Law Review
Of the 1989 student protests in Beijing's Tiananmen Square, one image lingers still: a lone figure standing motionless before a column of tanks, an extreme act of self-expression in defense of the right to express oneself. The makeshift Statue of Liberty erected by the students occupying the Square pointed to the country providing their inspiration. The foundations of that inspiration may in turn be traced to the handful of words---"Congress shall make no law...abridging the freedom of speech, or the press . . . "--which have become synonymous with American-style democracy.'
Disability Law Compliance Manual, Kathe A. Klare
Disability Law Compliance Manual, Kathe A. Klare
University of Richmond Law Review
The Americans with Disabilities Act (ADA), signed into law by President Bush on July 26, 1990, is viewed by many as the most significant civil rights legislation since the Civil Rights Act of 1964. As a result of census data, national polls, and other studies, there was a recognition that persons with disabilities, as a group, have been relegated to an inferior status in all realms of society. Thus, persons with disabilities have been, and remain, severely disadvantaged in achieving social interactions and vocational, economic and educational goals. The enactment of the ADA seeks to provide persons with disabilities the …
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
University of Richmond Law Review
When the history of Twentieth Century America's jurisprudence is chronicled, a prominent chapter will be devoted to the rise of product liability law. At the beginning of the century, a person injured by a defective product usually had no recourse against either the product's seller or manufacturer. By 1970, the barriers obstructing recovery had been dismantled and it was generally accepted that a seller or manufacturer of a product would be strictly liable to anyone injured by the defective condition of the product.
Books Received
University of Richmond Law Review
With this issue, the Editorial Board of the University of Richmond Law Review renews the publication of books of particular interest to the Virginia practitioner. We hope that this addition to the Annual Survey of Virginia Law will be of benefit to the practitioner as a source of current publications about Virginia law topics.
Handbook On Virginia Civil Procedure, A Guide To Legal Research In Virginia, Gail Starling Marshall, Steven D. Hinckley
Handbook On Virginia Civil Procedure, A Guide To Legal Research In Virginia, Gail Starling Marshall, Steven D. Hinckley
University of Richmond Law Review
Professor Bryson's Handbook on Virginia Civil Procedure ("Handbook") which is now out in an expanded second edition, was written as an introduction to Virginia civil procedure for the students who study with him at the T.C. Williams School of Law at the University of Richmond. However, it will find an appreciative audience among two other distinct and occasionally overlapping groups of readers: active litigators who seek a ready reference on Virginia's civil-law procedures and practices, and legal history buffs who enjoy an excursus on the Anglo-American antecedents of Virginia's sometimes unique approach to civil litigation.
Virginia Torts Case Finder, Paul J. Zwier
Virginia Torts Case Finder, Paul J. Zwier
University of Richmond Law Review
Brien Roche's Virginia Torts Case Finder ("Case Finder") provides a useful research aid for the students and practitioners of tort law in this state. This Case Finder, as the name implies, is a digest-like research tool for tort cases found in the Virginia Reports.
Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey
Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey
University of Richmond Law Review
When John Lowe asked me to review his book, I confess that I was surprised. Having just authored two books on Virginia Criminal Procedure, I considered John and myself to be competitors. However, after examining his book I now understand that our books serve different purposes and in fact complement each other.
Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher
Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher
University of Richmond Law Review
Jesse Root. Nathaniel Chipman. George Caines. Ephraim Kirby. Most lawyers will not recognize these names. More familiar, perhaps, are Alexander Dallas, Henry Wheaton, and Richard Peters. In fact, all belong to the same distinguished group: compilers and reporters of America's early judicial decisions. With the publication of Volumes One and Two of the Virginia Circuit Court Opinions (hereinafter "Opinions"), Professor Hamilton Bryson bids fair to join this distinguished group.
Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal
Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal
University of Richmond Law Review
The United States Supreme Court's recent decision in Community Communications Co. v. City of Boulder has been aptly described as "a lightning bolt with potentially thunderous repercussions." City of Boulder basically established that local government activity is not immune from federal antitrust laws unless it is undertaken pursuant to a clearly articulated and affirmatively expressed state policy to replace competition with regulation or monopoly public service.
Evidentiary Foundations, Fundamentals Of Trial Techniques, Thomas F. Guernsey
Evidentiary Foundations, Fundamentals Of Trial Techniques, Thomas F. Guernsey
University of Richmond Law Review
Any lawyering skill should be taught so as to provide the student or lawyer with the opportunity to plan, implement, and reflect on the execution of the skill. In these two books, Professors Imwinkelried and Mauet have accomplished just that. In writing books that are aimed primarily at the law school market, the authors have provided a valuable resource for the student as well as for the beginning trial lawyer.
Federal Regulation Of Consumer-Creditor Relations, Susan B. English
Federal Regulation Of Consumer-Creditor Relations, Susan B. English
University of Richmond Law Review
As anyone who has taught or practiced in the area of consumer law knows, there have been no texts written until now which attempt to bring together in a concise manner the many statutes and regulations which govern this rapidly developing area of law. Kenneth R. Redden, Professor of Law at the University of Virginia, and James McClellan, Chief Counsel and Staff Director of the Subcommittee on the Separation of Powers of the United States Senate Judiciary Committee, have taken the first step to fill this gap by providing us with a text in the area of consumer-creditor relations.
Legal Education In Virginia 1779-1979; Land Use Law: Issues For The Eighties, Lewis T. Booker, Susanne L. Shilling
Legal Education In Virginia 1779-1979; Land Use Law: Issues For The Eighties, Lewis T. Booker, Susanne L. Shilling
University of Richmond Law Review
No abstract provided.
Postconviction Remedies, And Federal Jurisdiction: Tensions In The Allocation Of Judicial Power, Robert Popper, William B. De Meza
Postconviction Remedies, And Federal Jurisdiction: Tensions In The Allocation Of Judicial Power, Robert Popper, William B. De Meza
University of Richmond Law Review
Postconviction Remedies deals with a subject of great importance to the practitioner of criminal law. It is concerned with the procedures available to persons who seek relief from their convictions after trial and after direct review in the appellate courts. Though not usually a part of the law school curriculum and therefore not part of the attorney's formal training, the intricacies of postconviction remedies must be mastered by the lawyer who wishes to render skillful service to the convicted client. The trial and appeal are important battles, but others remain to be fought which can decide crucial issues seriously affecting …