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Articles 1 - 24 of 24
Full-Text Articles in Law
Public Utilities Law, William T. Reisinger
Public Utilities Law, William T. Reisinger
University of Richmond Law Review
This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly's new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.
The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez
The Power Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez
University of Richmond Law Review
No abstract provided.
Issue 1: Annual Survey 2014 Table Of Contents
Issue 1: Annual Survey 2014 Table Of Contents
University of Richmond Law Review
No abstract provided.
Administrative Law, John Paul Jones, John R. Mohrmann
Administrative Law, John Paul Jones, John R. Mohrmann
University of Richmond Law Review
This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.
Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver
Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. PartIII discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.
Criminal Law And Procedure, Aaron J. Campbell
Criminal Law And Procedure, Aaron J. Campbell
University of Richmond Law Review
This article aims to provide a succinct review of noteworthy cases in the areas of criminal law and procedure that the Supreme Court of Virginia and the Court of Appeals of Virginia decided this past year. Instead of covering every ruling or procedural point in a particular case, this article focuses on the "take- away" of the holdings with the most precedential value. This article also summarizes significant changes to criminal law and procedure enacted by the 2014 Virginia General Assembly.
Health Care Law, Sean P. Byrne, Garrett Hooe
Health Care Law, Sean P. Byrne, Garrett Hooe
University of Richmond Law Review
No abstract provided.
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
This article reviews significant recent developments in the laws affecting Virginia taxation. Each section covers legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation (the "Tax Department") and the Virginia Attorney General over the past year.
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
University of Richmond Law Review
No abstract provided.
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey
University of Richmond Law Review
This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act,the legislative history of the …
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Richmond Public Interest Law Review
In the wake of the highly publicized Virginia Tech tragedy, the 2008 General Assembly Session adopted mental health reforms that focused on the provision of emergency services during the detention and commitment process, and an increase in funding to implement these reforms and strengthen emergency services. Despite the reforms, the issue of inadequate capacity to meet the increasing demand for mental health services remains in a number of key areas, including emergency services and a decline in in-patient psychiatric bed capacity while population growth continues.
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
Richmond Public Interest Law Review
The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Richmond Public Interest Law Review
In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine
Richmond Journal of Law and the Public Interest
d it is good to be back here Friday to talk to this Veterans Law Symposium. The initial symposium on veterans law here at the law school and what an appropriate thing to do on an appropriate weekend as we get ready to celebrate Veteran's Day and I was honored to be asked to come and offer some thoughts. I want to talk about, just sort of current issues we are really grappling with, that are legal issues, in Congress, that might affect the practice that you would hope to do, that certainly affect the lives of our veterans and …
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Richmond Journal of Law and the Public Interest
In the wake of the highly publicized Virginia Tech tragedy, the 2008 General Assembly Session adopted mental health reforms that focused on the provision of emergency services during the detention and commitment process, and an increase in funding to implement these reforms and strengthen emergency services. Despite the reforms, the issue of inadequate capacity to meet the increasing demand for mental health services remains in a number of key areas, including emergency services and a decline in in-patient psychiatric bed capacity while population growth continues.
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge
Richmond Journal of Law and the Public Interest
With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …
Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
Richmond Journal of Law and the Public Interest
On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance. Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits. Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is unconstitutional, in …
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine
Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine
Richmond Public Interest Law Review
U.S. Senator Tim Kaine delivered this keynote address at the 2013 Journal of Law and the Public Interest Symposium. In this transcript of his speech, Senator Kaine discusses the importance of improving service for veterans disability claims, how the changing nature of society affects military and veterans issues, fundamental questions about 21st century warfare, and concludes by answering questions form the audience.
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
Richmond Journal of Law and the Public Interest
The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Woman's Syndrome, Kendall Hamilton
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Woman's Syndrome, Kendall Hamilton
Law Student Publications
This comment argues that in order for Virginia's criminal justice system to properly punish women who kill their abusers, effectively restoring their right to self-defend when necessary, Virginia must make two fundamental changes to its self-defense laws. First, Virginia's criminal justice system must advocate for the admission of expert testimony relating to battered woman's syndrome ("BWS"). This reform must be uniformly applied throughout our court system. Second, as Virginia's self-defense laws require both a reasonable fear and an overt act, the subjective standard for reasonable fear must also extend to the overt act requirement. This comment explains the significance of …
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge
Richmond Public Interest Law Review
With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …
Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
Richmond Public Interest Law Review
On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance. Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits. Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is unconstitutional, in …
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Richmond Journal of Law and the Public Interest
In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …