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Articles 1 - 12 of 12
Full-Text Articles in Law
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
University of Richmond Law Review
Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Richmond Public Interest Law Review
This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
University of Richmond Law Review
No abstract provided.
The Complexities Of Judicial Takings, D. Benjamin Barros
The Complexities Of Judicial Takings, D. Benjamin Barros
University of Richmond Law Review
No abstract provided.
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
Richmond Journal of Law and the Public Interest
This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Richmond Journal of Law and the Public Interest
This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
University of Richmond Law Review
This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
University of Richmond Law Review
No abstract provided.
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
University of Richmond Law Review
This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process …
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang
University of Richmond Law Review
No abstract provided.
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler
Richmond Public Interest Law Review
This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …