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The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson

University of Richmond Law Review

The Roman Emperor Trajan is justly celebrated as an author of several modern civil rights, such as the right to confront one's accusers. But he is most aptly remembered as the ruler who proved that fiduciary government was possible. Following the example of Trajan's reign could improve greatly the standards of American public law.

Wielding The Ax Of Neutrality: The Constitutional Status Of Charitable Choice In The Wake Of Mitchell V. Helms, David J. Freedman

University of Richmond Law Review

During the past decade, the Supreme Court loosened restraints that it had previously imposed upon government aid to religious institutions. In 1996, Congress and the President seized upon this phenomenon and implemented a controversial provision in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996-also known as the Welfare Reform Act of 1996. Included among the various revolutionary provisions of this legislation is something known as Charitable Choice. This program authorizes states to contract with religious institutions to provide social welfare services on behalf ofthe states.

Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill

University of Richmond Law Review

Imagine that an all-star batter for the New York Yankees had a circulatory disease that made it difficult and painful for him to run. Would Major League Baseball be forced to permit a designated base runner to run for the disabled batter starting from home plate? Consider Jim Abbott, the successful major league pitcher who was born without a right arm. Under the Americans With Disabilities Act ("ADA"), could Abbott, who pitched well for many years in the American League, which has the designated hitter rule, force the National League, which does not, to exempt him from its batting requirement? …

Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo

University of Richmond Law Review

This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer …

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland

University of Richmond Law Review

This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …

Annual Survey Of Virginia Law: Corporate And Business Law, Lyman P.Q. Johnson

University of Richmond Law Review

This article reviews changes in Virginia corporate and business law for the period from June 2000 through May 2001. Part II examines legislative changes in corporate and other business statutes (excluding public service corporation and insurance law issues) based on Virginia General Assembly action in the 2001 session. Part III reviews judicial decisions during the year, including decisions addressing agency law, partnership law, and corporate law issues and principles. This article describes these decisions and, in several instances, it also critically analyzes the outcomes. Part IV summarizes a May 25, 2001, Order of the Virginia State Corporation Commission amending the …

Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer

University of Richmond Law Review

Because a large amount of the docket for the Court of Appeals of Virginia is comprised of criminal cases, and since the General Assembly regularly turns its attention to the questions of crime and punishment, in almost any year there are a great number of substantial developments in the criminal law. This past year was no exception. This article surveys developments in criminal law and procedure in Virginia from July 2000 to July 2001. Although this article is intended to survey significant developments over the past year, the reader is cautioned to bear in mind several important caveats.

Annual Survey Of Virginia Law: Election Law, Christopher R. Nolen

University of Richmond Law Review

Depending on your perspective or partisan persuasion, the 2000 presidential election was either an overwhelming triumph of the American electoral system or an abysmal example of justice. Regardless, the recount in Florida caught the attention of the citizens of the nation, and in particular, the legislators in many states. The question, "could 'Florida' happen here?" prompted many in the Virginia General Assembly to cast a scrutinizing eye upon the Commonwealth's election laws. As a result, over one hundred legislative bills and resolutions were introduced in the 2001 Regular Session.' This article surveys the developments in Virginia's election laws from June …

Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.

Annual Survey Of Virginia Law: Insurance Law, J. Douglas Cuthbertson

University of Richmond Law Review

This article discusses judicial decisions and various legislation that have affected the law of insurance in Virginia since June 1, 2000. As in years past, most of the changes have taken place in the area of uninsured/underinsured motorist ('"JAVUIM") insurance coverage. This article will discuss these developments as well as those in other areas of insurance law-specifically, those pertaining to agents, coverage, the insurer's duty to defend, fire insurance, life insurance, misrepresentation, and waiver and estoppel.

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

University of Richmond Law Review

This article discusses six areas of labor and employment law in which there was significant activity in Virginia's courts over the past year: (1) covenants not to compete and employee's fiduciary duties to employers; (2) the doctrine of respondeat superior; (3) negligent hiring, retention, and supervision; (4) wrongful discharge in violation of public policy; (5) workers' compensation exclusivity; and (6) employment agreements. Beyond the scope of this article are decisions rendered in other areas of law that affect the employment relationship, including defamation, claims under Virginia's Occupational Safety and Health Act, public employment claims, and unemployment compensation claims.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

This article examines the pertinent legislative and judicial developments of the past year that have effected juvenile law in Virginia. Specifically, this article discusses new laws and amendments passed by the Virginia General Assembly with respect to juvenile delinquency, non-criminal misbehavior, and termination of parental rights. Part IV discusses changes to Title 22.1 of the Virginia Code that affect school disciplinary matters. Part V examines developments in the area of juvenile mental health. Finally, Part VI discusses various miscellaneous developments affecting youth abortions, teenage driving, parental negligence in the tort context, and a significant amendment made to the Comprehensive Services …

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

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2001 Session. In addition, one Supreme Court of Virginia opinion and three Virginia Circuit Court opinions raised 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 of these legislative and judicial developments.

A Study Of Factors That Influence Academic Success Of Black American Middle School Males, Harvey S. Hicks Iii

Theses and Dissertations

The Black American male has had to face and endure many physical, emotional, and psychological hardships since his ancestors arrived in this country as slaves. One of those hardships has been his constant status as a second-class citizen. Throughout his history in America, the Black male has received unequal pay, unequal justice, unequal medical care, unequal treatment, and unequal education. Yet, despite the circumstances and the odds, there have been Black males who have achieved in many fields. However, even today, in the field of education, achieving academically is not an endeavor most Black males pursue.

This study investigated some …

Factors Related To Persistence In The Study Of French At The College Level, Caroline E. Kirkpatrick

Theses and Dissertations

The current study was conducted to address the problem of declining enrollments in French classes. The purpose was to identify those factors that are responsible for student persistence in the study of French beyond the level required to obtain a general degree from the University. Research questions included the following topics: 1) students’ perception of their motivation for language learning, 2) the relationship of certain activities, the classroom climate, the role of the teacher, and the use of technology, to their motivation for language learning, 3) reasons students give for not continuing with their foreign language studies, and 4) factors …

The Pineal Gland, Via Melatonin, Protects Dna, Coordinates The Endocrine System With The Immune System And Controls The Timing Of Reproduction, Craig L. Anthony

Theses and Dissertations

The pineal gland secretes the hormone melatonin (n-acetyl-5-methoxytryptamine) with a circadian rhythm. This secretion's rhythm becomes disrupted with age. When melatonin secretion is decreased with advanced age, the immune, endocrine and reproductive systems fail to function optimally. Melatonin possesses lipophilic and anti-oxidant properties, providing it with access to nuclei. Melatonin protects the DNA, preventing cancerous mutation. Hippocampal degeneration and age increase and prolong the adrenocortical responses to stress. Melatonin supplementation reduces the prolonged exposure to harmful hormones.

Titrating And Evaluating Multiple Drug Regimens Within Subjects, Margaret Shih

Theses and Dissertations

The dosing of combination therapies is commonly undertaken empirically by practicing physicians, and there is a lack of a coherent algorithm to approach the problem of combination dosing. Current methods of evaluating multiple drug combinations in clinical trials generally do not provide information regarding the location of more effective dosages when the combination is not found to differ from the standard, even though the absence of a difference does not necessarily mean the new combination is ineffective. Additionally, if a new combination is found to be more effective, often a large proportion of the subjects has not benefited from the …

The Problem With Ya Literature, Chris Crowe

Faculty Publications

Despite their incredible success, J. K. Rowling's Harry Potter books, which, now that Hariy is fourteen years old in Harry Potter and the Goblet of Fire can be comfortably considered YA literature, have had plenty of criticism. The cited faults of the Potter books are many, ranging from pedestrian writing to occult content.

Attacks on YA books are nothing new. For more than a century there have been vocal parents, teachers, and librarians who have attacked books written specifically for teenagers.

Sports Literature For Young Adults, Chris Crowe

Faculty Publications

A few days ago, I sat in a dark theater trying to wipe the tears from my eyes vvithout either of my teenage daughters noticing. We were watching Remember the Titans, a fine movie about Coach Herman Boone's first year as head football coach of the newly integrated football team at T. C. Williams High School in 1971, and several scenes in the movie touched the old high school coach/high school jock heart that still beats in my chest and brought tears to my eyes.

\Vhen I considered my reaction to the film, I assumed that I was caught up …

Grammar Without Grammar: Just Playing Around, Writing, Deborah Dean

Faculty Publications

When I first started teaching, grammar education was specifically addressed in my district's learning objectives: students will identify adjectives and adverbs; they will diagram subjects and direct objects. As a new teacher, I did my best to meet the objectives. I tried to make the content interesting and, somehow, connected to writing: we wrote clues for treasure hunts using prepositional phrases and descriptions of our own 'wild things" (a la Maurice Sendak) with elaborate adjectives. Once, I spent a week teaching verbals with comic strips to a ninth grade honors class, only to receive a scathing letter from a parent …

The Community Reinvestment Act: Its Impact On Lending In Low-Income Communities In The United States, Michael S. Barr, Lynda Y. De La Vina, Valerie A. Personick, Melissa A. Schroder

Book Chapters

This paper reviews data and research studies that demonstrate that CRA has helped to increase lending to low-income borrowers and in low-income neighborhoods, and that expanded CRA lending has been accomplished while maintaining sound lending practices and bank profitability. The paper also discusses literature that draws alternative conclusions, as well as studies that find, despite increases in lending and banking services to low- and moderate-income areas and to minority borrowers, that disparities still exist between the services afforded to these communities and those offered to the market as a whole.

Good Day Sunshine: Stock Returns And The Weather, David Hirshleifer, Tyler Shumway

Faculty Publications

Psychological evidence and casual intuition predict that sunny weather is associated with upbeat mood. This paper examines the relationship between morning sunshine in the city of a country's leading stock exchange and daily market index returns across 26 countries from 1982 to 1997. Sunshine is strongly significantly correlated with stock returns. After controlling for sunshine, rain and snow are unrelated to returns. Substantial use of weatherbased strategies was optimal for a trader with very low transactions costs. However, because these strategies involve frequent trades, fairly modest costs eliminate the gains. These findings are difficult to reconcile with fully rational price …

Do Behavioral Biases Affect Prices?, Joshua D. Coval, Tyler Shumway

Faculty Publications

This paper documents strong evidence of behavioral biases among Chicago Board of Trade proprietary traders and investigates the effect these biases have on prices. Our traders appear highly loss-averse. Traders who experience morning losses are about 16 percent more likely to assume above-average afternoon risk than traders with morning gains. This behavior has important short-term consequences for afternoon prices, as losing traders are prepared to purchase contracts at higher prices and sell contracts at lower prices than those that prevailed previously. However, during the ten minutes that follow these trades, prices revert strongly to their earlier levels. Consistent with these …

Gaba-A Receptor Subunit Alterations Following Experimental Traumatic Brain Injury And The Effects Of An Nmda Antagonist: A Western Blot Analysis, Cynthia J. Gibson

Theses and Dissertations

Traumatic brain injury (TBI) produces an acute phase of neuronal excitation followed by a chronic phase of depressed neuronal function. Alterations in excitatory and inhibitory receptor interactions may be dynamically involved in subsequent long-term detriments in neuronal and cognitive functioning. TBI- induced elevations in intracellular calcium concentrations ([Ca²⁺]_i) are mediated primarily by the NMDA receptor. Elevated [Ca²⁺]_i may trigger intracellular mechanisms which drive changes in GABA-A receptor protein synthesis and expression, ultimately resulting in receptor dysfunction.

Western blot analysis was used to investigate alterations to GABA-A receptor subunits α1 and β33 in the …

Concrete Roughness Characterization Using Laser Profilometry For Fiber-Reinforced Polymer Sheet Application, Norbert H. Maerz, Poornima Chepur, John J. Myers, Justin Linz

Geosciences and Geological and Petroleum Engineering Faculty Research & Creative Works

The failure of a reinforced concrete member strengthened with fiberreinforced polymer (FRP) laminates may be caused by crushing of concrete, rupture of FRP laminates, or delamination of the FRP sheet. Therefore, the effectiveness and failure mode of FRP sheets applied to beams and columns is related to the degree of adhesion of the epoxy to the concrete surface. When a peeling or delamination failure can be avoided, a more effective engagement of the FRP sheet occurs, which results in more efficient use of the material. One of the principal factors affecting the bond behavior between the concrete and epoxy is …

Design And Installation Of Horizontal Wick Drains For Landslide Stabilization, Paul Michael Santi, C. Dale Elifrits, J. A. Liljegren

Geosciences and Geological and Petroleum Engineering Faculty Research & Creative Works

One of the most effective options to stabilize landslides is to reduce the amount of water they contain by installing horizontal drains. A new type of horizontal drain material, geosynthetic wick drains, and a new installation method, driving drains rather than drilling them, were evaluated. Horizontal wick drains offer several advantages over conventional horizontal drains: They resist clogging, are inexpensive, may be deformed without rupture, and may be installed by unskilled laborers with a minimal investment in equipment. More than 100 drains were installed at eight sites in Missouri, Colorado, and Indiana using bulldozers, backhoes, and standard wick drain-driving cranes. …