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2000

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Foreword, L. Katherine Murray Jan 2000

Foreword, L. Katherine Murray

University of Richmond Law Review

The University ofRichmond Law Review is pleased to present the seventh annual Allen ChairSymposium issue. Through the generous support of the friends and family of George E. Allen, the annual symposium series provides a forum for discussion of legal issues of national and international significance. This issue ofthe Law Review is the literary complement to the symposium presentations.

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I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman Jan 2000

I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman

University of Richmond Law Review

Hysteria about the press, like the flu, breaks out periodically, and when it does, few of us are better off for having lived through the experience. We are currently on what I sincerely hope will prove to be the receding edge of the latest epidemic ofpublic outrage about the press, and, as usual, the frenzied state has not brought out the best in either the media or its critics.

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Change And Continuity On The Supreme Court: Conversations With Justice Harry A. Blackmun, Philippa Strum Jan 2000

Change And Continuity On The Supreme Court: Conversations With Justice Harry A. Blackmun, Philippa Strum

University of Richmond Law Review

Justice Harry A. Blackmun used to enjoy telling a story about Supreme Court conferences during the Court's 1970 term, his first on the Court. Warren Burger was ChiefJustice; Hugo Black was the most senior Justice. Court protocol, of course, is that the Chief Justice begins the discussion of each case, the most senior Justice speaks second, and the floor goes in turn to each of the other Justices according to descending seniority. Chief Justice Burger would present a case by laying out the issues involved as he saw them and the decision he believed the Court should reach. Then he …

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The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes Jan 2000

The Practice Of Pediatrics In Pedagogy? The Costly Combination In Cedar Rapids Community School District V. Garret F., Jennifer L. Barnes

University of Richmond Law Review

The Individuals with Disabilities Education Act ("IDEA")' was enacted in 1975 to ensure that all children with disabilities, like their nondisabled counterparts, have access to a free appropriate public education designed to meet their unique needs. This "appropriate education" mandate emphasizes the necessity of providing such children with special education and "related services," and federal funding is offered to state and local educational agencies to assist in implementing this objective.

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Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler Jan 2000

Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler

University of Richmond Law Review

The phrase "opening the floodgates of litigation" connotes a pejorative meaning in American legal argument. Most often, it is used by courts as a reason not to allow a certain case to proceed for fear that it would overburden both courts and society with a new class of lawsuits.

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Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Jan 2000

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

University of Richmond Law Review

A world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy's depiction of "Robert Bork's America!' as "a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids." Bork's sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders "banked …

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Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman Jan 2000

Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman

University of Richmond Law Review

Constitutional review is the activity of measuring action choices of governments against a pre-existing set of publicly known or ascertainable, "higher" norms for the conduct of government. Anyone can do it: chief executives pondering vetoes or preparing state messages; legislators contemplating legal change; police chiefs reviewing department manuals; school board members debating curriculum guides; city planners routing highway expansions; citizens lobbying and pundits castigating any or all of the above; dinner partners talking politics; candidates running for office; voters turning out rascals. "American-style judicial review," let us say, is constitutional review conducted by a nonpopular, unelected, life-tenured body, whose decisions, …

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Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl Jan 2000

Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl

University of Richmond Law Review

For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.

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Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer Jan 2000

Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer

University of Richmond Law Review

Mark Tushnet's Taking the ConstitutionAway from the Courts presents many aspects of the theme expressed in its title. I find most interesting the aspect concerning Congress's role in constitutional law. I like this aspect because I spent almost two decades working on constitutional law in Congress, principally as the House of Representatives' Solicitor and Deputy General Counsel representing the House of Representatives in countless constitutional controversies, and I have written a good deal about it. Tushnet provides us with an alternative perspective from which we can view Congress both during that time and since. Tushnet's book is kind enough to …

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Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington Jan 2000

Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington

University of Richmond Law Review

In 1988, Mark Tushnet noted the "revival of grand theory in constitutional law." Tushnet was somewhat unusual in specifying the object of contemporary constitutional theory so precisely. As he noted, what had been revived in the late twentieth century was an "interest in comprehensive normative theories of constitutional law." There was relatively little broad concern with constitutionalism in this revival, but quite a lot of concern with justifying and elaborating the preferred constitutional decisions of the Supreme Court in specific cases. Having "just published a book on constitutional theory that I unsurprisingly but undoubtedly erroneously regard as the last word …

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Response: Politics, National Identify, And The Thin Constitution, Mark Tushnet Jan 2000

Response: Politics, National Identify, And The Thin Constitution, Mark Tushnet

University of Richmond Law Review

Any author would be pleased at having his or her work taken as seriously as mine has been by the contributors to this Symposium. As I wrote in Taking the ConstitutionAway from the Courts, my aim was not so much to place on the table a serious policy proposal-elimination of judicial review-but rather was to broaden a discussion about constitutionalism and judicial review that has been far too narrow. For a decade or more, constitutional theory and theorists have been overly concerned with questions about constitutional interpretation that are the legacy of controversies over the Warren Court's liberal activism. The …

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Commerce Clause, Enforcement Clause, Or Neither? The Constitutionality Of The Violence Against Women Act In Brzonkala V. Morrison, Christine M. Devey Jan 2000

Commerce Clause, Enforcement Clause, Or Neither? The Constitutionality Of The Violence Against Women Act In Brzonkala V. Morrison, Christine M. Devey

University of Richmond Law Review

On September 21, 1994, two men raped Christy Brzonkala in her dormitory room at Virginia Polytechnic Institute and State Univer- sity("VirginiaTech"). Unfortunately,this kind of event is not a rare occurrence in the United States. "According to the U.S. Department of Justice Bureau of Justice Statistics ("BJS"), women are the victims of more than 4.5 million violent crimes each year. This alarming figure includes approximately 500,000 rapes or other sexual assaults." In light of these statistics, and "after four years of hearings, Congress enacted [the Violence Against Women Act of 1994 ("VAWA" or "the Act")], a comprehensive federal statute designed to …

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Students Under Siege? Constitutional Considerations For Public Schools Concerned With School Safety, Jennifer L. Barnes Jan 2000

Students Under Siege? Constitutional Considerations For Public Schools Concerned With School Safety, Jennifer L. Barnes

University of Richmond Law Review

Imagine the following scenario: The principal at River City High School receives a telephone call from an anonymous informant, notifying her that he had observed a knife in "Jimmy's" backpack, and indicated that he might also have access to a gun. The principal recalls that Jimmy is the student who has dyed his hair blue and who wanders the halls wearing a black trench coat and a T-shirt that reads "School Sucks," in violation of the school district's dress code. She checks Jimmy's file and discovers that he has been absent on numerous occasions during the school year and has …

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Preface, M. Stuart North Jan 2000

Preface, M. Stuart North

University of Richmond Law Review

The University of Richmond Law Review proudly presents the sixteenth Annual Survey of Virginia Law. Like earlier editions, the 2000 Annual Survey includes practitioner and professor authored articles analyzing and discussing recent legislative, administrative, and judicial developments in the Commonwealth of Virginia. Written by experts in their particular fields, the Annual Survey of Virginia Law endeavors to provide the Law Review's readership with a comprehensive and practical interpretation of the law in the Commonwealth of Virginia.

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Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell Jan 2000

Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell

University of Richmond Law Review

Virginia corporate and business law changes in the last year continue to challenge the practitioner to stay abreast of such developments in order to provide accurate advice to clients. This article summarizes the developments in the law in Virginia occurring from June 1999 through May 2000, with the legislative changes described based on Virginia General Assembly action in the 2000 session. Part II examines those legislative changes in corporate and business law (excluding public service corporation/public utility law issues). While many of the legislative changes are not significant, three new uniform laws (revised Article 9 of the Uniform Commercial Code …

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Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii Jan 2000

Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

This article discusses four principal areas of employment and labor law in which there was significant activity in Virginia's courts and/or the legislature over the past year: (1) public policy wrongful discharge; (2) negligent hiring, retention, and supervision; (3) employment references; and (4) covenants not to compete and the employee's fiduciary duties owed to the employer. Beyond the scope of this article are decisions rendered in other areas of law affecting the employment relationship, including workers' compensation, unemployment, wage payment, and public sector employment.

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Annual Survey Of Virginia Law: Taxation Law, Craig D. Bell Jan 2000

Annual Survey Of Virginia Law: Taxation Law, Craig D. Bell

University of Richmond Law Review

This article reviews significant, recent developments in the law affecting Virginia taxation. Each section covers recent judicial decisions and legislative changes over the past two years. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on Virginia practitioners. This article, however, will not discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.

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Annual Survey Of Virginia Law: Technology Law, John S. Jung Jan 2000

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 …

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Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 2000

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

In its 2000 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Virginia Code. It also carried over one significant bill to the 2001 Session. In addition, there were nine Supreme Court of Virginia opinions, one United States District Court opinion, two Virginia Circuit Court opinions, and one Attorney General's opinion raising issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all ofthese legislative and judicial developments.

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Our Imperial First Amendment, Paul D. Carrington Jan 2000

Our Imperial First Amendment, Paul D. Carrington

University of Richmond Law Review

I come to the First Amendment not as a member of the cogno- scenti, but as an observer of the secondary effects on judicial institutions of some interpretations of the Amendment made over the last thirty-five years or so. I deplore those specific effects and I will be direct in saying so. But in considering them, I have been struck by the extent of the federal courts' progress in subordinating to their own governance a wide range of other issues of great concern to citizens, all in the name of the First Amendment, a text intended to foster democratic institutions.

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The Messenger, 2000 Jan 2000

The Messenger, 2000

The Messenger

No abstract provided.

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Untitled, Beth Thomas Jan 2000

Untitled, Beth Thomas

The Messenger

No abstract provided.

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Double-Decker, London (From The French Of Ezra Pound), David Staniunas Jan 2000

Double-Decker, London (From The French Of Ezra Pound), David Staniunas

The Messenger

No abstract provided.

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Untitled, Ellie Montague Jan 2000

Untitled, Ellie Montague

The Messenger

No abstract provided.

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I Will Take My Time As I Move To The East, Daniel Biegelson Jan 2000

I Will Take My Time As I Move To The East, Daniel Biegelson

The Messenger

No abstract provided.

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Phone Call, Michelle Hucher Jan 2000

Phone Call, Michelle Hucher

The Messenger

No abstract provided.

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Untitled, Beth Thomas Jan 2000

Untitled, Beth Thomas

The Messenger

No abstract provided.

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Untitled, Farheen Khurrum Jan 2000

Untitled, Farheen Khurrum

The Messenger

No abstract provided.

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Communion, Christopher Robley Jan 2000

Communion, Christopher Robley

The Messenger

No abstract provided.

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Untitled, Lisette Garcia Jan 2000

Untitled, Lisette Garcia

The Messenger

No abstract provided.

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