Law Commons^™

The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring

University of Richmond Law Review

For the last five years, it has been my privilege to serve the people as their attorney general. The origin of the position of attorney general can be traced back centuries, but in a world that has become more interconnected, complex, and fast-paced, what does the role of a state attorney general entail in the twenty-first century and beyond? Is the proper role as a diligent but reactive defender of statutes and state agencies, or is there a deeper responsibility that calls for a more proactive and engaged use of its tools and authority? I have found that the job …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This article addresses changes and notable analyses in approximately a year’s worth of Supreme Court of Virginia opinions, passed legislation, and revisions to the Rules of the Supreme Court of Virginia affecting Virginia civil procedure.1 This article is not meant to be all-encompassing, but it does endeavor to capture the highlights of changes or analyses regarding Virginia civil procedure. The opinions discussed throughout this article do not all reflect changes in Virginia jurisprudence on civil procedure. Some address clarifications or reminders from the court on certain issues it has deemed worthy of addressing (and that practitioners continue to raise). The …

States Suing The Federal Government: Protecting Liberty Or Playing Politics?, Elbert Lin

University of Richmond Law Review

No abstract provided.

Using Electronic Monitoring To Enhance The Protection Offered By Civil Protection Orders In Cases Of Domestic Violence: A New Technology Offers New Protection, Nicole Allaband

Law Student Publications

"Domestic violence is a widespread epidemic in the United States. Each year, between 1.8 and 4 million domestic violence incidents are reported. One in three women will experience some form of domestic violence in her lifetime. Civil protection orders (also known as protection from abuse orders or restraining orders) are a common remedy employed by the courts to prevent future violence and protect survivors of domestic violence. These orders can be tailored to fit the circumstances, but frequently include no contact provisions. However, no contact provisions can be difficult to enforce because the abuser is usually intimately familiar with the …

In Re Trulia: Revisited And Revitalized, Emma Weiss

Law Student Publications

"After an escalation in deal litigation that culminated with challenges to 95% of $100,000,000 deals, merger objection litigation that ends in disclosure-only settlements has become a topic of great concern. These cases are concerning because it seems implausible that 95% of all mergers are executed carelessly. The problematic cases all follow a similar pattern. When a merger is announced, multiple shareholder plaintiffs challenge the transaction in multiple jurisdictions. Plaintiffs and corporate defendants then quickly agree to a disclosure-only settlement, wherein the plaintiffs receive trivial supplemental disclosures about the transaction. In return, defendants receive a broad release from liability for future …

The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife

Law Student Publications

"State legislatures can indirectly, but effectively, restrict constitutional rights by enacting statutes that create a private cause of action. This is possible when the cause of action creates potential damages that are so severe as to de facto compel people and entities from engaging in certain conduct. For example, if a statute allows private citizens to sue a person when that person engages in X, then individuals and entities may cease to engage in X if the possible liability arising from engaging in X is too significant. When the United States Constitution protects the conduct that the statute de facto, …

Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson

University of Richmond Law Review

Part I explores the historical roots of the Convention,

discusses the evolution of its removal provisions, and explains how

it functions in the district courts today. Part II addresses the arguments

in favor of reverting to the Ruhrgas standard. This article

demonstrates that the current judicial interpretation of the Convention's

removal provisions under Beiser is too broad and that the

stricter construction under Ruhrgas should be re-adopted. Part II

examines three key reasons why the current Beiser standard is unworkable:

the current standard (1) leads to absurd results, (2) disrespects

notions of federalism and strains comity, and (3) in conjunction …

The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife

University of Richmond Law Review

No abstract provided.

In Re Trulia: Revisited And Revitalized, Emma Weiss

University of Richmond Law Review

No abstract provided.

The Parity Principle, Luke P. Norris

Law Faculty Publications

The Supreme Court has interpreted the Federal Arbitration Act of 1925 (FAA) in a broad way that has allowed firms to widely privatize disputes with workers and consumers. The resulting expansive growth of American arbitration law has left commentators both concerned about the structural inequalities that permeate the regime and in search of an effective limiting principle. This Article develops such a limiting principle from the text and history of the FAA itself. The Article reinterprets the text and history of section 1 of the statute, which, correctly read, excludes individual employee-employer disputes from the statute’s coverage. The Article argues …

Bespoke Discovery, Jessica Erickson

Law Faculty Publications

The U.S. legal system gives contracting parties significant freedom to customize the procedures that will govern their future disputes. With forum selection clauses, parties can decide where they will litigate future disputes. With fee-shifting provisions, they can choose who will pay for these suits. And with arbitration clauses, they can make upfront decisions to opt out of the traditional legal system altogether. Parties can also waive their right to appeal, their right to a jury trial, and their right to file a class action. Bespoke procedure, in other words, is commonplace in the United States.

Far less common, however, are …