Law Commons^™

The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.

Developments In Animal Law: An Evolving Area In Virginia Law, Ryan Murphy

University of Richmond Law Review

No abstract provided.

Taxation, William L.S. Rowe, Emily J.S. Winbigler

University of Richmond Law Review

This article reviews significant recent developments in the lawsaffecting Virginia state and local taxation. Each section coverslegislative activity, judicial decisions, and selected opinions fromthe Virginia Department of Taxation (the "Department") and the Virginia Attorney General over the past year.

The "Test"--Or Lack Thereof--For Issuance Of Virginia Temporary Injunctions: The Current Uncertainty And A Recommended Approach Based On Federal Preliminary Injunction Law, Hon. David W. Lannetti

University of Richmond Law Review

No abstract provided.

Front Matter

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver

University of Richmond Law Review

No abstract provided.

Election Law And Government Ethics, Christopher R. Nolen, Jeffrey S. Palmore

University of Richmond Law Review

This article surveys developments in Virginia election and government ethics laws for 2014 and 2015, with an emphasis on legislative developments. The focus is on those statutory developments thathave significance or general applicability to the implementation of Virginia's election and ethics laws.

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.

The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr.

University of Richmond Law Review

No abstract provided.

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.

Contents

University of Richmond Law Review

No abstract provided.

Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht

Richmond Journal of Law and the Public Interest

This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, The Honorable Mark Obesnshain, The Honorable Jay Leftwich

Richmond Journal of Law and the Public Interest

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.

Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard

Richmond Journal of Law and the Public Interest

In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.

Disrupting Education Federalism, Kimberly J. Robinson

Law Faculty Publications

The ongoing expansion of federal influence over education in the United States provides a particularly salient time to consider how education federalism should be structured to achieve the nation's education goals. One ofthe nation's unfulfilled and yet essential education goals is to ensure that all students receive equal access to an excellent education. A variety of scholars and, most recently, the federal Equity and Excellence Commission have offered proposals for advancing this goal. By building on this growing momentum for reform,I argue that disrupting the nation's longstanding approach to education federalism-which I define as the balance of power between federal, …

Time To Upgrade Drinking Water Protections, Noah M. Sachs

Law Faculty Publications

A year ago, residents of Charleston, W.Va., learned that their entire drinking water supply had become contaminated by MCHM, a toxic chemical used to wash coal. Ten thousand gallons of MCHM had spilled from a corroding storage tank by the Elk River, located a mile upstream of the city’s drinking water intake pipes. As a result of the chemical spill, 300,000 citizens lost their water for more than a week, and hundreds sought emergency care.

That accident alone should have been a wake-up call for Virginians about the need to protect our water supply from chemical spills. But a year …

Let's Get Ethical, A Look At The New Ethics Reform In The Commonwealth Of Virginia, Davis C. Rennolds

Richmond Journal of Law and the Public Interest

In April of 2015, the Virginia General Assembly returned to Richmond for its annual veto session, with the main focus on putting the finishing touches on ethics reform.1 After lengthy debate and a number of amendments, the omnibus ethics bill passed the House and the Senate unanimously. House and Senate Members from both political parties touted the accomplishment as a significant step forward, as did Governor McAuliffe who called the legislation a “victory for transparency and accountability.”

This Article will argue the cases of Delegate Phil Hamilton and former Governor Bob McDonnell provide a framework for analyzing whether the new …

Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.

Richmond Journal of Law and the Public Interest

In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …

Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass

Richmond Journal of Law and the Public Interest

Virginia House Bill 1785, requiring campus police to notify the Commonwealth’s Attorney of any victim-initiated sexual assault investigations, is a positive step forward in helping to combat sexual assault on Virginia college campuses. Under this legislation, victims of sexual assault are much more likely to receive the protection and justice they deserve.

Part II of this comment outlines current federal law that intends to ad- dress sexual assault on college campus and whether these laws have been effective in preventing sexual assault. Part III details Virginia House Bill 1785 introduced in the 2015 Virginia General Assembly Session to address sexual …

What Role For Civility?, Bob Gibson

Richmond Journal of Law and the Public Interest

Every year recently, Virginians bemoan a loss of civility in a political arena that seems more callous, combative and partisan, less productive and turning churlish. Many view politics in Washington as hopelessly lost into gridlock and cycles of inaction, inattention to serious issues and retribution. Virginians hope that politics at the state level has not sunk as far.

What has happened to trust, civility, and respect in politics as it relates to this past General Assembly session?

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.

Marriage Equality Comes To Virginia, Carl W. Tobias

Law Faculty Publications

Part I of this article chronicles marriage equality's rise and development nationally. It ascertains that challenges, which fos- tered the invalidation of marriage prohibitions that essentially govern nearly all jurisdictions, including Virginia, have triggered some controversy. Part II scrutinizes Judge Wright Allen's resolu- tion of the Virginia litigation and the United States Court of Ap- peals for the Fourth Circuit determination, which affirmed her ruling. This portion finds that the district jurist comprehensively assessed the relevant legal and factual issues when striking down the proscription while the Fourth Circuit appropriately upheld her opinion. Part III then derives lessons from the …

Implementing Marriage Equality In America, Carl W. Tobias

Law Faculty Publications

In June, the Supreme Court held that state proscriptions on same-sex marriage violate the Fourteenth Amendment. Obergefell v. Hodges declared that same-sex couples possess a fundamental right to marry but left implementation’s daily particulars to federal, state, and local officials. Because formal recognition of marriage equality is a valuable first step but realizing actual marriage equality will necessitate careful implementation of the Justices’ mandate, this effectuation deserves analysis.

Part I principally reviews Obergefell’s rationale for formal marriage equality. Part II assesses implementation of the Court’s mandate. Detecting that a few states and numerous localities have yet to provide comprehensive marriage …

Protecting The Digital Afterlife: Virginia's Privacy Expectation Afterlife And Choices Act, Mark Obesnshain

Richmond Public Interest Law Review

This article examines Virginia’s Privacy Expectation Afterlife and Choices Act. Part I surveys federal legislation and proposed uniform legislation that attempts to protect digital assets and records. Part II examines opposition to proposed legislation and another proposed law: the Privacy Expectation Afterlife and Choices Act. Part III details Virginia’s final version of the Privacy Expectation Afterlife and Choices Act. Part V concludes the Article.

The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr.

Law Faculty Publications

This article discusses two additional issues the McDonnell case raises. The first issue is how much evidence is necessary to sustain a conviction for attempting to obstruct an official proceeding. Mrs. McDonnell was convicted of attempting to obstruct the grand jury in this case for sending a misleading note to Williams, but her actions were deemed insufficient to support her obstruction conviction. The other issue relates to the McDonnells' sentencing. The sentences they received were much shorter than the sentences calculated using the United States Sentencing Guidelines. This article considers the official act issue, the obstruction issue, and the sentencing …

Testamentary Capacity Litigation In Virginia, F. Philip Manns Jr.

Richmond Public Interest Law Review

In Rust v. Reid, a 1918 case involving testamentary capacity, the Supreme Court of Virginia wrote the "cases upon this subject are almost without number, and they are not to be reconciled," but Rust referred to "all of the decisions of this court on the subject of competency of jurors," which also had been at issue in the case. However, in its decision in Rust, the Court easily could have leveled the same self-criticism about its cases deciding (1) which party bears the burden of proof in testamentary capacity litigation; (2) whether a presumption of testamentary capacity exists; and (3) …

Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht

Richmond Public Interest Law Review

This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …

Let's Get Ethical, A Look At The New Ethics Reform In The Commonwealth Of Virginia, Davis C. Rennolds, Amy L. Woolard

Richmond Public Interest Law Review

In April of 2015, the Virginia General Assembly returned to Richmond for its annual veto session, with the main focus on putting the finishing touches on ethics reform.1 After lengthy debate and a number of amendments, the omnibus ethics bill passed the House and the Senate unanimously. House and Senate Members from both political parties touted the accomplishment as a significant step forward, as did Governor McAuliffe who called the legislation a “victory for transparency and accountability.”

This Article will argue the cases of Delegate Phil Hamilton and former Governor Bob McDonnell provide a framework for analyzing whether the new …