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University of Richmond Law Review

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2002

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Articles 1 - 30 of 40

Full-Text Articles in Law

Corporate And Business Law, C. Porter Vaughan Iii, David I. Meyers, W. Lake Taylor Jr. Nov 2002

Corporate And Business Law, C. Porter Vaughan Iii, David I. Meyers, W. Lake Taylor Jr.

University of Richmond Law Review

No abstract provided.


Environmental Law, Lisa Spickler Goodwin Nov 2002

Environmental Law, Lisa Spickler Goodwin

University of Richmond Law Review

No abstract provided.


Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene Nov 2002

Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard Nov 2002

Criminal Law And Procedure, Julie E. Mcconnell, Gregory Franklin, Craig Winston Stallard

University of Richmond Law Review

No abstract provided.


Restoring Fiscal Integrity To Virginia Government Is Highest Priority, Mark Warner Nov 2002

Restoring Fiscal Integrity To Virginia Government Is Highest Priority, Mark Warner

University of Richmond Law Review

No abstract provided.


Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2002

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.


Family Law, Elizabeth P. Coughter, Ronald R. Tweel Nov 2002

Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2002

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

No abstract provided.


Technology Law, J. Douglas Cuthbertson, Glen L. Gross Nov 2002

Technology Law, J. Douglas Cuthbertson, Glen L. Gross

University of Richmond Law Review

No abstract provided.


Labor And Employment Law, Thomas M. Winn Iii Nov 2002

Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

No abstract provided.


Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt Nov 2002

Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt

University of Richmond Law Review

No abstract provided.


Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent Jan 2002

Digital Handshakes In Cyberspace Under E-Sign: "There's A New Sheriff In Town!", Michael H. Dessent

University of Richmond Law Review

Without doubt, electronic commerce has increased the efficiency of businesses and consumers seeking to purchase goods, services, or intangibles by placing these objects just a keystroke away. If you already enjoy buying lingerie and foie gras over the Internet, you will love the new Electronic Signatures in Global and National Commerce Act ("E-SIGN") Want to borrow $10,000 at four in the morning over the Internet to buy a car? E-SIGN allows it. Or how about entering a "cybersigning chat room," extending a "digital handshake," and then buying that cherished wedding gown? E-SIGN allows this to happen. In this era of …


The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner Jan 2002

The Signaling Model Of Social Norms: Further Thoughts, Eric A. Posner

University of Richmond Law Review

One of the most notable trends in legal scholarship is the explosion of writing on social norms. Just a few years ago one might have argued that the scholarship was marginal, of interest to only a handful of law professors, but expressions of skepticism about the value of this scholarship have become rare. At the same time, it would be wrong to say that "law and social norms" ("LSN") is a movement or school within legal scholarship: the writings about this topic are too diverse, and there is little of that sense of forward movement that is characteristic of more …


Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler Jan 2002

Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler

University of Richmond Law Review

Legislators in jurisdictions with even modest minority populations will find adopting a challenge-resistant redistricting plan to be more difficult than ever before. The problem is how much consideration to give to race. Too little consideration may produce a plan subject to challenge under the Voting Rights Act (the "Act"). Too much consideration may produce a plan subject to challenge on constitutional grounds.


Predicting Defection, Elmer J. Shaefer Jan 2002

Predicting Defection, Elmer J. Shaefer

University of Richmond Law Review

Eric Posner's cooperation theory of social norms develops from rational choice theory an austere and powerful explanation of why people comply with social norms. He illustrates his theory with subtle analysis of a number of legal issues. The book will help anyone influenced by law and economics to incorporate into her thinking the work in sociology, psychology, and ethics that bears on human behavior. Most readers will find applications for Posner's theory.


(En)Raged Or (En)Gaged: The Implications Of Racial Context To The Canadian Provocation Defense, Camille A. Nelson Jan 2002

(En)Raged Or (En)Gaged: The Implications Of Racial Context To The Canadian Provocation Defense, Camille A. Nelson

University of Richmond Law Review

Ice hockey is Canada's national pastime, much like baseball is for many Americans. This fact makes the case of Regina v. Smithers all the more interesting.


The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall Jan 2002

The Incalculable Risk: How The World Trade Center Disaster Accelerated The Evolution Of Insurance Terrorism Exclusions, Jane Kendall

University of Richmond Law Review

"The deliberate and deadly attacks, which were carried out yesterday against our country, were more than acts of terror. They were acts of war."

- President George W. Bush, September 12, 2001.


University Of Richmond Law Review Jan 2002

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Index Jan 2002

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.


Treating Persons As Ends In Themselves: The Legal Implications Of A Kantian Principle, R. George Wright Jan 2002

Treating Persons As Ends In Themselves: The Legal Implications Of A Kantian Principle, R. George Wright

University of Richmond Law Review

In one of the most stirring passages in modern ethics, Immanuel Kant famously enjoins: "act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means." Precisely what Kant means here, however, is not entirely clear. More than one interpretation of this formula is possible. But the importance of Kant's "formula of ends" in modern moral philosophy is impossi- ble to deny.


University Of Richmond Law Review Jan 2002

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Index Jan 2002

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.


Norms And Signals: Some Skeptical Observations, Paul G. Mahoney Jan 2002

Norms And Signals: Some Skeptical Observations, Paul G. Mahoney

University of Richmond Law Review

Law and Social Norms is just what the growing field of norms scholarship needed. Legal scholars have generated an impressive body of observations about the myriad situations in which individuals pressure one another to act civilly. Eric Posner's book provides a simple, elegant model with very few working parts and promises to go a long way toward connecting these observations to form a coherent whole.


Lawyer Advertising And The Philosophical Origins Of The Commercial Speech Doctrine, Ronald D. Rotunda Jan 2002

Lawyer Advertising And The Philosophical Origins Of The Commercial Speech Doctrine, Ronald D. Rotunda

University of Richmond Law Review

The topic of lawyers advertising for clients seems prosaic enough, but it is really a subset of a much larger, more theoretical question. What Americans think about the Constitutional right of lawyers to advertise and market their services both reflects and molds what we think about the right to be left alone. In 1928, Justice Brandeis, in his famous dissent in Olmstead v. United States, wrote that our Constitution "conferred, as against the Government, the right to be left alone-the most comprehensive of rights and the right most valued by civilized men." Justice Brandeis did not speak in a vacuum; …


Cyberian Signals, Steven A. Hetcher Jan 2002

Cyberian Signals, Steven A. Hetcher

University of Richmond Law Review

In Law and Social Norms, Eric Posner offers an original and important theory of the emergence of norms. According to Posner, norms are collections of signals. He develops his signaling account in a variety of contexts, including criminal law, family law, political participation, and racial discrimination. This article extends Posner's theory to cyberspace, a domain of social organization not touched on in Posner's book. In particular, I will test Posner's theory by examining how well it explains the emergence of Web site privacy norms. Part One will examine signaling theory. Part Two will explore privacy norms in some detail, and …


The Blurry Line Between "Mad" And "Bad": Is "Lack-Of-Control" A Workable Standard For Sexually Violent Predators?, Georgia Smith Hamilton Jan 2002

The Blurry Line Between "Mad" And "Bad": Is "Lack-Of-Control" A Workable Standard For Sexually Violent Predators?, Georgia Smith Hamilton

University of Richmond Law Review

In January 1993, thirty-one-year-old Michael Crane entered a tanning salon in Johnson County, Kansas and exposed himself to the nineteen-year-old female attendant. Thirty minutes later, he entered a nearby video store and waited for all of the customers to leave. Once the store was empty, Crane exposed himself to the twenty-year-old female clerk, threatened to rape her, grabbed her by the back of the neck, and demanded that she perform oral sex on him. He then suddenly and abruptly stopped the attack and ran out ofthe store.


University Of Richmond Law Review Jan 2002

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Foreword, William E. Spruill Jan 2002

Foreword, William E. Spruill

University of Richmond Law Review

This, the ninth annual Allen Chair Symposium issue of the University of Richmond Law Review, includes four spirited articles centered around the Symposium's 2001 topic: Lawyer Advertising in the Electronic Age. Rodney A. Smolla, in The Puffery of Lawyers, argues that there are many reasons why bar regulators around the nation should cease restricting lawyer advertising in the absence of evidence that such puffery confuses or misleads consumers. In Change is in the Air: Lawyer Advertising and the Internet, Louise L. Hill examines the current and future status of lawyers using cyberspace to promote their services. William E. Hornsby, Jr., …


Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares Jan 2002

Signaling, Legitimacy, And Compliance: A Comment On Posner's Law And Social Norms And Criminal Law Policy, Tracey L. Meares

University of Richmond Law Review

Although criminal law can be justified with respect to non-utilitarian goals such as retribution, no one can deny that one way to justify criminal law is with respect to the instrumental ends of deterrence. So, one question of interest to scholars in the field has been how to think about the kinds of criminal law policy that encourage compliance. My own work has focused on this important question. Specifically, I have been concerned with the ways in which different kinds of criminal proscriptions, along with certain methods of law enforcement, could affect crime rates in disadvantaged, urban neighborhoods. In undertaking …


The Puffery Of Lawyers, Rodney A. Smolla Jan 2002

The Puffery Of Lawyers, Rodney A. Smolla

University of Richmond Law Review

Lawyers advertise to attract clients. Politicians advertise to attract voters. Businesses advertise to attract customers. All of these advertisers advertise with a common subtext: choose me, because I'm better than the rest. Hire me, vote for me, buy my product, and good things will happen. The message may be blunt, explicit, direct, linear. But often it is not. The bludgeon is not the tool of choice in modem mass advertising. The message, more commonly, is presented with subtlety, often merely suggested, often presented with indirection, irony, camp, or comedy. Information as such is not the point. The stuff of modern …