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Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen 2022 University of Nevada, Las Vegas -- William S. Boyd School of Law

Technologically Improving Textualism, Jeffrey W. Stempel, Erik S. Knutsen

Nevada Law Journal Forum

The textualist approach to construing statutes, regulations, contracts, and other documents remains dominant but has drawbacks, most significantly its tendency to disregard probative evidence of textual meaning in favor of isolated judicial impressions and dictionary definitions. Although a broader, contextual, “integrative” approach to interpretation is preferable, the hegemony of textualism, even extreme textualism, is unlikely to recede soon. Textualism can be substantially improved, however, through effective use of a form of big data—the corpus linguistics approach to discerning word meaning. By enlarging the universe of sources about how words are actually used, corpus linguistics represents a significant improvement over imperial …


Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. McClain 2022 Boston University School of Public Health; Boston University School of Law

Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain

Shorter Faculty Works

Protesters on both sides of the abortion debate descended on the US Supreme Court Monday night and into Tuesday after a leaked secret draft of a US Supreme Court opinion indicated that a majority of justices support overturning Roe v. Wade, after almost 50 years of legalized abortion rights in America. If finalized, possibly as soon as this summer, the bombshell could trigger a cultural tsunami across American life, forcing some women to travel to another state for an abortion and putting the divisive issue at the heart of the fall midterm elections.


A Call For Action: How Clients And Judges Can Do More To Address The Legal Profession's Diversity Problem, Sybil Dunlop 2022 University of St. Thomas, Minnesota

A Call For Action: How Clients And Judges Can Do More To Address The Legal Profession's Diversity Problem, Sybil Dunlop

University of St. Thomas Law Journal

No abstract provided.


Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin 2022 Angelo State University

Good For The Goose But Not For The Gander: Biden’S Promise To Appoint A Black Female To The Supreme Court And Title Vii Principles, Michael Conklin

Texas A&M Law Review

The 2022 retirement of Justice Stephen Breyer and President Joe Biden’s promise to exclude all non-Black females from consideration for his replacement has sparked controversy. Some have praised the decision as essential to ensuring diversity on the Court and point out that there are more than enough qualified Black women to select from. And some believe the decision will result in corporate leaders making similar calls for equity in their own companies. Others have criticized the decision, expressing a belief that discriminating on the basis of race and gender is “not a great start in selecting someone sworn to provide …


Movement Lawyers: Henry L. Marsh's Long Struggle For Educational Justice, Danielle Wingfield-Smith 2022 Gonzaga University School of Law

Movement Lawyers: Henry L. Marsh's Long Struggle For Educational Justice, Danielle Wingfield-Smith

University of Richmond Law Review

Born in 1933 in Richmond, Virginia, Henry Marsh was a protégé of legendary Virginia civil rights attorney Oliver Hill, who was a member of a civil rights legal team with Spotswood Robinson and commissioned by Charles Hamilton Houston to investigate school inequalities and prepare a legal strategy for dismantling segregationist laws. Growing up in Virginia during the 1930s, 40s, and 50s, Marsh was reared in the apartheid culture of Jim Crow society. Later, under Oliver Hill and Samuel W. Tucker’s mentorship, Marsh studied Virginia’s legal and educational systems and learned how to navigate Virginia’s seemingly tranquil Jim Crow politics called …


Rethinking Retroactive Rulemaking: Solving The Problem Of Adjudicative Deference, Gwendolyn Savitz 2022 University of Tulsa School of Law

Rethinking Retroactive Rulemaking: Solving The Problem Of Adjudicative Deference, Gwendolyn Savitz

University of Richmond Law Review

The Chevron doctrine enables courts to defer to authoritative, legally binding agency interpretations of ambiguous statutes. Though more frequently applied when reviewing rulemaking, the doctrine is actually more powerful when applied to an adjudication. In an adjudication, the agency can attach consequences to past actions made before the interpretation announced in the adjudication itself. Since such a determination will receive deference on review, this declaration effectively becomes a new rule, having gone through neither public notice or public comment. Not only does it become a new rule, it becomes a new rule that is effective retroactively. It is illogical to …


Utilizing Tax Incentives To Increase Gender Parity On Corporate Boards, Mary E. Tursi 2022 University of Richmond School of Law

Utilizing Tax Incentives To Increase Gender Parity On Corporate Boards, Mary E. Tursi

University of Richmond Law Review

Women are drastically underrepresented in positions of power and prominence in the United States. As of 2021, women hold only thirty percent of board seats on the S&P 500. The number is much smaller for private corporations. One study found that in 2020, women occupied only eleven percent of board seats for private corporations. Given these statistics, it is unsurprising that a 2021
study predicts that corporate boards will not reach gender parity until 2032.

This underrepresentation matters for several reasons. First, the lack of gender equity on corporate boards is blatantly sexist. This disparity should matter for anyone who …


How President Biden Can Fill The Central District Of California Bench, Carl Tobias 2022 University of Richmond School of Law

How President Biden Can Fill The Central District Of California Bench, Carl Tobias

University of Richmond Law Review

President Joseph Biden confronts an enormous opportunity to seat highly qualified, mainstream federal judges in plenty of appeals court and district court openings which former President Donald Trump neglected to fill in his four-year term. The remarkable California trial level vacant emergency slots, particularly in the United States District Court for the Central District of California, are the United States’ worst-case scenario and consummate promise. The Central District of California tribunal had experienced as many as ten lengthy open court slots among twenty-eight posts during the Trump administration, but it encounters six vacancies today.


Table Of Contents, 2022 University of Richmond

Table Of Contents

University of Richmond Law Review

No abstract provided.


Acknowledgments, Christopher J. Sullivan 2022 University of Richmond School of Law

Acknowledgments, Christopher J. Sullivan

University of Richmond Law Review

No abstract provided.


Overhauling Rules Of Evidence In Pro Se Courts, Andrew C. Budzinski 2022 University of the District of Columbia

Overhauling Rules Of Evidence In Pro Se Courts, Andrew C. Budzinski

University of Richmond Law Review

State civil courtrooms are packed to the brim with litigants, but not with lawyers. Since the early 1990s, more and more litigants in state courts have appeared without legal counsel. Pro se litigation has grown consistently and enormously over the past few decades. State court dockets are dominated by cases brought by unrepresented litigants, most often in domestic violence, family law, landlord-tenant, and small claims courts.

Yet, the American courtroom is not designed for use by those unrepresented litigants—it is designed for use by attorneys. The American civil court is built upon a foundation of dense procedural rules, thick tomes …


Replacing Tinker, Noah C. Chauvin 2022 University of Richmond

Replacing Tinker, Noah C. Chauvin

University of Richmond Law Review

In this Article, I wish to question whether reaffirming the animating spirit of Tinker is the best way to protect student speech rights. In allowing schools to punish student speech that school officials reasonably believe could be substantially disruptive, Tinker founds students’ free expression rights on unstable ground. This is true for two reasons. First, the Tinker standard allows school officials to regulate student speech based on their own perceptions of what its impacts will be. While these perceptions must be reasonable, courts have shown extraordinary deference to educators’ claims that student speech could be substantially disruptive. Second, the substantial …


Completing Expungement, Brian M. Murray 2022 Seton Hall University School of Law

Completing Expungement, Brian M. Murray

University of Richmond Law Review

The limits of expungement are where the hope for real reentry meet the desire for criminal justice transparency. That a criminal record, ordered expunged by a judge after a long and arduous process, continues to exist in the world of private actors is a cold, harsh reality for those attempting to reenter civil society. It is also reassurance for parents hiring a babysitter, school districts seeking new employees, and employers concerned about workplace liability. Not to mention, the thought that all records of criminal justice adjudication could be purged forever intuitively sounds Orwellian, even in an age where surveillance, whether …


Redefining The Badges Of Slavery, Nicholas Serafin 2022 Santa Clara University School of Law

Redefining The Badges Of Slavery, Nicholas Serafin

University of Richmond Law Review

Section 2 of the Thirteenth Amendment grants Congress the authority to eliminate the “badges and incidents” of slavery. What constitutes an incident of slavery is clear: the incidents of slavery are the legal restrictions, such as submission to a master and a ban on the ownership of productive property, that were inherent in the institution of slavery itself. What constitutes a badge of slavery is far less certain, and relatively few legal scholars have examined the historical meaning of the metaphor. Nevertheless, there has emerged a renewed interest in Section 2, such that the literature now abounds with proposals for …


Humanize, Don't Paternalize: Victim-Offender Mediation After Intimate Partner Violence, Ren Warden 2022 University of Richmond School of Law

Humanize, Don't Paternalize: Victim-Offender Mediation After Intimate Partner Violence, Ren Warden

University of Richmond Law Review

Retributive legal systems fail survivors of intimate partner violence. In criminal cases, when the government and the offender are the parties to the matter, the legal status of a survivor is reduced to that of a mere witness. Survivors then must surrender their agency in the fight against their own trauma. Survivors of intimate partner violence (“IPV”) who turn to civil litigation to recover after their experiences may experience further trauma as a result of time-consuming, extensive, and often invasive contact with the legal system. Even restitution, a largely restorative remedy, lacks the agency, finality, and emotive opportunities that IPV …


A Music Industry Circuit Split: The De Minimis Exception In Digital Sampling, Michaela S. Morrissey 2022 University of Richmond School of Law

A Music Industry Circuit Split: The De Minimis Exception In Digital Sampling, Michaela S. Morrissey

University of Richmond Law Review

When hip-hop icon Biz Markie released his album “All Samples Cleared!” he joked of the end of what was known as the “Golden Age” of digital sampling in the hip-hop and rap music industry. The Golden Age began in the late 1980s, and because there was no regulation of the practice, it was a period of musical enlightenment in which musicians could freely utilize digital sampling without legal repercussion. However, in 2005, the United States Court of Appeals for the Sixth Circuit handed down an opinion that sent shock waves across the music industry. In Bridgeport Music Inc. v. Dimension …


Pretextual Stops: The Rest Of The Story, J.E.B. Stuart VI 2022 University of Richmond School of Law

Pretextual Stops: The Rest Of The Story, J.E.B. Stuart Vi

University of Richmond Law Review

Pretextual stops made by law enforcement officers—stops aimed at serving some purpose other than the official reason for the stop—have received renewed attention in the public discourse following several high-profile law enforcement confrontations with people of color. Naturally, the conversations about pretextual stops have centered around their most horrid iteration: discriminatory stops made by bad cops. These stops are damaging to both motorists and officers, and conversations about them are undeniably important. But there is more to pretextual stops than the nefarious purposes attributed to them.

As a former police officer who regularly made pretextual stops for reasons entirely unrelated …


Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement, Gabrielle E. Brill 2022 University of Richmond School of Law

Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement, Gabrielle E. Brill

University of Richmond Law Review

When it comes to consumer loyalty, some businesses have decided to go beyond attracting the eyes. Why not keep customers via their nostrils? Accordingly, the scent marketing industry is booming. Jennifer Dublino, Vice President of Development at ScentWorld Events, remarks that “smell is one of the most unique of human senses. Scent enters the limbic system [of the brain] and bypasses all of the cognitive and logical thought processes and goes directly to the emotional and memory areas of the brain.” Companies like ScentAir have been created specifically to help stores design fragrances that best fit their image and objectives …


Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine, Lily S. Smith 2022 University of Richmond School of Law

Swimming Up The Stream Of Commerce: How Plaintiffs In Products Liability Litigation Are Disadvantaged By Current Personal Jurisdiction Doctrine, Lily S. Smith

University of Richmond Law Review

The growth of e-commerce has facilitated an increasing number of products’ travel, frequently across state and international lines. This development has subsequently increased litigation between parties who are of diverse residencies. These disputes have challenged the fundamental territorial principles that established early personal jurisdiction doctrine. Moreover, unprecedented corporate expansion—both geographically and economically—has created an environment that has outgrown a doctrine focused on protecting defendants’ rights. As courts are beginning to reform their analysis in products liability litigation towards finding Amazon and others like it strictly liable for injuries caused by products sold on their sites, Amazon will have to find …


Appoint Candace Jackson-Akiwumi To The Seventh Circuit, Carl Tobias 2022 University of Richmond School of Law

Appoint Candace Jackson-Akiwumi To The Seventh Circuit, Carl Tobias

University of Richmond Law Review

On November 30, Seventh Circuit Judge Joel Flaum assumed senior status when he completed over four decades of rigorous public service as a prominent jurist. On that day, the Senate resumed the prolonged lame duck session, which the GOP upper chamber majority began after voters had elected Joe Biden to replace former President Donald Trump. Trump correctly refrained from nominating Flaum’s successor. Four months later, President Biden dutifully announced that he would name Candace Jackson-Akiwumi to replace Flaum. Jackson-Akiwumi is a particularly qualified, mainstream nominee. Because she comprehensively answered senators’ complex, probing questions, and the Seventh Circuit lacks any people …


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