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Articles 31 - 60 of 256
Full-Text Articles in Law
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Law Faculty Publications
This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state constitutions …
Mindfulness, Law And Reciprocal Practice, Scott Rogers
Mindfulness, Law And Reciprocal Practice, Scott Rogers
Richmond Journal of Law and the Public Interest
The legal profession is embracing mindfulness—an avenue of personal and professional growth and development. In so doing, lawyers, law students, judges, law faculty, and other members of the legal profession are reporting meaningful changes to their health and wellbeing, the quality of their social relationships, and their effectiveness and productivity at school and work. These reports corroborate the experience of a great many mindfulness practitioners and is consistent with medical and neuro-scientific research exploring the cognitive, physical, and emotional benefits associated with mindfulness practice. While mindfulness is often discussed in the context of feeling less stressed and being better able …
E-Museletter: September 2016, Kathleen Klepfer
E-Museletter: September 2016, Kathleen Klepfer
Museletter
This Issue:
Apply for SLATE
Legal Essay Contest
[USB chargers at the circulation desk]
Fall Break Hours
[Using Apple TV in our classrooms]
What kind of electronic books do we have?
[Football Traffic]
Ten-Credit Taft: Our New Color Printer
E-Museletter: August 2016, Kathleen Klepfer
E-Museletter: August 2016, Kathleen Klepfer
Museletter
This Issue:
New to the University of Richmond School of Law?
Welcome to Jason Zarin
Welcome to Stacy Price
Gpo’S New Govinfo Site, Paul Birch
Gpo’S New Govinfo Site, Paul Birch
Law Faculty Publications
It’s about time. Seven years after its official launch, the Government Printing Office’s rather dated looking FDsys website is soon to have a fresh replacement, https://govinfo.gov. Still in beta testing, the site already bears the rakishly lowercased call-name “govinfo.” Those, like myself, who have been unsure about how to pronounce “FDsys” should be thankful enough for this alone. But GPO has delivered more than just a name change. The forthcoming site is in many ways a vast improvement over its predecessor.
Look For The Helpers, Tara L. Casey
Look For The Helpers, Tara L. Casey
Law Faculty Publications
Mr. Rogers once said, “When I was a boy and I would see scary things in the news, my mother would say to me, ‘Look for the helpers. You will always find people who are helping.’“
So, as I sit and wrestle with the news stream that surrounds me, I look for the helpers. And I find ... you.
Inside of each of us is the capacity to be the helper that provides a salve to our world’s wounds. We all can be the helpers when we create,cultivate, and operate pro bono service and community engagement programs that focus on …
Crime, Morality, And Republicanism, Richard Dagger
Crime, Morality, And Republicanism, Richard Dagger
Political Science Faculty Publications
One of the abiding concerns of the philosophy of law has been to establish the relationship between law and morality. Within the criminal law, this concern often takes the form of debates over legal moralism--that is, "the position that immorality is sufficient for criminalization" (Alexander 2003: 131). This paper approaches these debates from the perspective of the recently revived republican tradition in politics and law. Contrary to what is usually taken to be liberalism's hostility to legal moralism, and especially to attempts to promote virtue through the criminal law, the republican approach takes the promotion of virtue to be one …
The Supreme Court’S New Electricity Federalism, Joel B. Eisen
The Supreme Court’S New Electricity Federalism, Joel B. Eisen
Law Faculty Publications
This Insights piece is excerpted from the article, Dual Electricity Federalism Is Dead: But How Dead And What Replaces It?, in the George Washington Journal of Energy and Environmental Law.
In a remarkable burst of activity, the U.S. Supreme Court decided three cases in the past year involving the split of jurisdiction between the Federal Energy Regulatory Commission (FERC) and the states in the energy sector. FERC v. Electric Power Supply Association and Hughes v. Talen Energy Marketing dealt with the relationship between FERC and the states in governing the electric grid under the Federal Power Act (FPA). ONEOK …
A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur
A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur
Richmond Journal of Law and the Public Interest
In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …
America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate
America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate
Richmond Journal of Law and the Public Interest
Book review of Just Mercy: A Story of Justice and Redemption by Bryan Stevenson.
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper
Forensic Science Developments And Judicial Decision-Making In The Era Of Innocence: The Influence Of Legal Process Theory And Its Implications, Sarah Lucy Cooper
Richmond Journal of Law and the Public Interest
This article confirms the existence of these legal process-centric themes and considers some potential implications of these approaches. Part I briefly sets out key tenets of the legal process vision and provides some back- ground to the American Innocence Movement. Using examples from relevant case law, Part II examines the courts’ approaches thematically, demonstrating how the courts exhibit loyalty to the legal process vision. It also considers the implications of this loyalty, including that it can result in both the extraction of science from its social context and an awkward approach towards discerning between credible and incredible forensic science evidence …
"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson
"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson
Law Faculty Publications
Review of R. H. Helmholz's book, Natural Law In Court: A History of Legal Theory in Practice (2015); and David M. Rabban's book, Law's History: American Legal Thought and the Transatlantic Turn to History (2013).
Filling Federal Court Vacancies In A Presidential Election Year, Carl W. Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl W. Tobias
Law Faculty Publications
Scholars and politicians who closely track the federal judicial selection process appreciate that confirmations slow and ultimately halt over presidential election years, a phenomenon which has greater salience in a chief executive's last administration. The first section of this article canvasses selection in Barack Obama's tenure, ascertaining that Republicans cooperated little and contravened numerous traditions, especially after the party captured a majority. Thus, section two analyzes why the GOP did not collaborate and the consequences. Because that obstruction-which undercuts justice and regard for the coequal branches of government- will actually continue across 2016, the piece surveys devices, which could rectify …
Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass
Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass
University of Richmond Law Review
Part I of this article will review the historical roots of civil asset
forfeiture law. Part II will provide a more modern history of these
laws and an overview of Virginia's current asset forfeiture
scheme. Part III will examine the criticism of Virginia's drugrelated
civil asset forfeiture laws and highlight due process concerns,
risk of abuse of power, and misallocation of priorities due
to the structure of these laws in Virginia. Finally, Part IV will
provide recommendations to reform Virginia's civil asset forfeiture
laws.
Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight
Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight
University of Richmond Law Review
No abstract provided.
Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue
Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue
University of Richmond Law Review
Review:
Rethinking the Law School: Education, Research, Outreach and Governance
By Carol Stolker. Cambridge University Press, 2014. 454 pp. $125.00
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
University of Richmond Law Review
No abstract provided.
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii
University of Richmond Law Review
No abstract provided.
2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur
2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur
Richmond Journal of Law and the Public Interest
2015 Symposium: Wrongful Convictions: Science, Experience & the Law Keynote Panel Discussion
Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli
Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli
Richmond Journal of Law and the Public Interest
Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
University of Richmond Law Review
No abstract provided.
Online Issue: Table Of Contents
Online Issue: Table Of Contents
University of Richmond Law Review
No abstract provided.
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols
University of Richmond Law Review
No abstract provided.
Glimpses Of Marshall In The Military, Kevin C. Walsh
Glimpses Of Marshall In The Military, Kevin C. Walsh
University of Richmond Law Review
No abstract provided.
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer
University of Richmond Law Review
Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias
University of Richmond Law Review
No abstract provided.
What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker
What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker
University of Richmond Law Review
Part I provides an overview of the acquisition landscape, including
a brief history of the prevalence and success of acquisitions
as well as an analysis of acquisitions today. Part II outlines
the acquisition process and highlights the importance and dynamics
of decision making, both in principle and in practice. Part
III explores two theories of acquisitive strategy driving CEO decision
making: value enhancement and private interest. Part IV
analyzes the implications of CEO personality and psychological
drivers on acquisition strategy and decision making. This article
argues that CEO traits are central decision drivers, but that no
particular set of traits …
Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue
Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue
Law Faculty Publications
Review of Carel Stolker's book, Rethinking the Law School.