Other Law Commons^™

Why The World Should Act Like Children: Using The Building Blocks Method To Combat Climate Change, Beginning With Methane, Eileen Waters

University of Richmond Law Review

No abstract provided.

The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller

University of Richmond Law Review

No abstract provided.

Community Development Authorities, Andrew A. Painter

University of Richmond Law Review

Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …

Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac

University of Richmond Law Review

Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

University of Richmond Law Review

Without doubt, electronic commerce has increased the efficiency of businesses and consumers seeking to purchase goods, services, or intangibles by placing these objects just a keystroke away. If you already enjoy buying lingerie and foie gras over the Internet, you will love the new Electronic Signatures in Global and National Commerce Act ("E-SIGN") Want to borrow $10,000 at four in the morning over the Internet to buy a car? E-SIGN allows it. Or how about entering a "cybersigning chat room," extending a "digital handshake," and then buying that cherished wedding gown? E-SIGN allows this to happen. In this era of …

(En)Raged Or (En)Gaged: The Implications Of Racial Context To The Canadian Provocation Defense, Camille A. Nelson

University of Richmond Law Review

Ice hockey is Canada's national pastime, much like baseball is for many Americans. This fact makes the case of Regina v. Smithers all the more interesting.

The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall

University of Richmond Law Review

"The deliberate and deadly attacks, which were carried out yesterday against our country, were more than acts of terror. They were acts of war."

- President George W. Bush, September 12, 2001.

The Puffery Of Lawyers, Rodney A. Smolla

University of Richmond Law Review

Lawyers advertise to attract clients. Politicians advertise to attract voters. Businesses advertise to attract customers. All of these advertisers advertise with a common subtext: choose me, because I'm better than the rest. Hire me, vote for me, buy my product, and good things will happen. The message may be blunt, explicit, direct, linear. But often it is not. The bludgeon is not the tool of choice in modem mass advertising. The message, more commonly, is presented with subtlety, often merely suggested, often presented with indirection, irony, camp, or comedy. Information as such is not the point. The stuff of modern …

The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill

University of Richmond Law Review

Harold "Freddy" Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can "trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. " He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied to vote in the 1996 election for the trustees of the Office of Hawaiian Affairs ("OHA"), however, his application was denied. Why? Because, according to a state statute, he was not Hawaiian enough.

Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson

University of Richmond Law Review

Years after his death, John Wayne sells beer in television commercials. Eons after their extinction, lifelike dinosaurs continue to terrorize actors and thrill moviegoers. The highest- grossing film of all time4 employs "virtual" passengers aboard the Titanic, worrying some members of the Screen Actors Guild. All of these feats have been accomplished using sophisticated computer graphics software that blurs the distinction between imagination and reality. This manipulative digital power has raised concerns about such things as "digital kidnapping," the unauthorized misuse of digital images. For example, such digital misuse could include, as intellectual property professor Joseph Beard notes, "a star …

Annual Survey Of Virginia Law: Technology Law, John S. Jung

University of Richmond Law Review

During the 2000 Session, the General Assembly considered eighty-one technology related bills, forty of which were enacted. This article summarizes the more significant technology bills enacted during this session. One of these bills, House Bill 719,1 enlarged the Joint Commission on Technology and Science ("JCOTS"). The 1997 Virginia General Assembly created JCOTS aas a permanent legislative agency" to "generally study all aspects of technology and science and endeavor to stimulate, encourage, promote, and assist in the development of technology and science in the Commonwealth and sound public policies related thereto." JCOTS, which originally consisted of nine legislators-five delegates and four …

Qualified Intimacy, Celebrity, And The Case For A Newsgathering Privilege, Rodney A. Smolla

University of Richmond Law Review

In this symposium issue Robert Nagel, Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky explore the intersection of privacy and freedom of the press. In his fascinating inquiry into privacy and celebrity in modern American life, Robert Nagel demonstrates the connection between the American public's strong commitment to privacy and its simultaneous passion for robust protection of freedom of speech. Among his most important insights is the exposure of "pseudo-intimacy" as a principal currency of contemporary celebrity status. Diane Zimmerman, Robert O'Neil, and Erwin Chemerinsky all investigate the legal principles that ought to surround aggressive and surreptitious newsgathering techniques, each in …

Austin Owen Lecture: Litigating The Holocaust, Michael J. Bazyler

University of Richmond Law Review

The Austin Owen Lecture was established in honor of the Honorable Austin E. Owen through the generosity of his daughter, Dr. Judith O. Hopkins, W'74, and son-in-law, Dr. Marbry B. Hopkins, R'74. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from the University of Richmond School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until …

Emroch Lecture: Uncertainties In The Law Of Sexual Harassment, Susan Webber Wright

University of Richmond Law Review

The Emroch Lecture Series was established through the generosity of the late Mr. Emmanuel Emroch, his wife Bertha, and their many friends and associates. The endowment is currently supported by Mr. Emroch's son and daughter-in-law, Mr. & Mrs. Walter Emroch. Mr. Emroch received a B.A. degree from the University of Richmond in 1928 and a J.D. degree from the University of Richmond School of Law in 1931. The Honorable Susan Webber Wright presented this address as the Thirteenth Annual Emroch Lecture on November 12, 1998, at the University of Richmond School of Law.

Foreword, Harris L. Kay

University of Richmond Law Review

The University of Richmond Law Review is pleased to present the third annual Allen Chair Symposium issue. This special is- sue is intended as the literary culmination of the efforts of national legal scholars and students alike during the 1995 Allen Chair Symposium at the T.C. Williams School of Law. Each Spring, the Law School hosts the symposium, which is endowed to focus on and advance discourse in legal issues of national and international interest.

What Congress Knows And Sometimes Doesn't Know, Muriel Morisey Spence

University of Richmond Law Review

It is a striking feature of the legislative process that Congress is neither required to articulate reasons for its actions nor subject to constitutional challenge merely on the ground that its choices are uninformed. The Constitution contains a variety of procedural rules for enacting legislation. It also requires that statutes conform to a number of substantive requirements. But Congress has traditionally enjoyed wide latitude in deciding whether and to what extent it bases decisions on policy-relevant knowledge or articulates the factual foundations for its actions. Until recently, even when evaluating statutes under close judicial scrutiny, the Supreme Court has tended …

America's Offshore Refugee Camps, Harold Hongju Koh

University of Richmond Law Review

America's offshore refugee camps rank among the most startling, yet invisible, features of United States foreign policy in the post-Cold War era. Since 1991, our Government has almost continuously maintained tent cities holding thousands of men, women, and children, surrounded by rolls of razor-barbed wire, amid the sweltering heat of the U.S. Naval Base at Guantanamo Bay, Cuba, and the former Panama Canal Zone. Those incarcerated in the camps have witnessed birth and death, hope and despair, and untold waves of frustration and tedium.

Advisory Opinions: Cautions About Non-Judicial Undertakings, Robert H. Kennedy

University of Richmond Law Review

Justices of several states, unlike members of the federal judiciary, render advisory opinions to governors and legislatures. In those states, the justices have the authority to issue requested opinions in the absence of pending litigation. Although the practice earlier had more widespread use, it has never been employed by all states. Unless carefully circumscribed, the advisory process has considerable unexamined significance.

Warrantless Searches Of Automobiles In Virginia, Keith L. Phillips

University of Richmond Law Review

Most people consider automobiles to be a safe place to store personal effects. But just as innocent articles can be kept in automobiles, so can contraband or other evidence of crime. Thus, courts have had to apply the law of search and seizure-which once spoke primarily to the security of the home-to a new setting. The courts treatment has not always been consistent. With a proper warrant, the search of an automobile is valid; but the more perplexing question is, "When is such a search valid without a warrant?" This comment attempts to answer that question, in part, by surveying …

Third-Year Practice Rules In Virginia: Notes For The Practitioner, George K. Walker

University of Richmond Law Review

It is pleasing to know that all courts sitting in Virginia have provided for student participation in the processing of cases. Within the boundaries of the Commonwealth, there is a uniform recognition of the need and appropriateness of judicial cooperation in the process of educating young men and women in the law.

Abrogation Of Governmental Immunity- Prospective, Quasi-Prospective, Or Retrospective Application

University of Richmond Law Review

There is probably no tenet in our law that has been more universally berated by courts and legal writers alike than the doctrine of governmental and sovereign immunity. In response to this criticism, recent cases have indicated the existence of a trend to abrogate the doctrine either in whole or in part. Because the merits of the abrogation of governmental and sovereign immunity have been thoroughly discussed in the past, only the various methods of application will be discussed herein.

The Space Age: Legal And Policy Problems, Carl T. Curtis

University of Richmond Law Review

Public realization that the Space Age was at hand came with the launching of Sputnik on October 4, 1957. A second and much larger Soviet earth satellite, containing a dog, was launched on Novem- ber 3, 1957. This startling emergence of Soviet space science and technology had grave implications for the security of the free world, be- cause it demonstrated that the U.S.S.R. possessed much of the technology required to explore and control space. Moreover, through the Sputnik launchings, the Soviet Union revealed a capacity to launch intercontinental ballistic missiles. Future methods of maintaining peace or waging war would be …