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Articles 1 - 30 of 62
Full-Text Articles in Law
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.
Law Libraries And Options Galore, Gail F. Zwirner
Law Libraries And Options Galore, Gail F. Zwirner
Law Faculty Publications
Ms. Zwirner outlines some of the challenges facing the researcher in deciding which resources to use in pursuing information, and makes a case for the continued value of professional law librarians' insight and experience for assisting in these pursuits.
Virginia Cle Sources: Important Practitioner Tools For Forty Years, Gail F. Zwirner
Virginia Cle Sources: Important Practitioner Tools For Forty Years, Gail F. Zwirner
Law Faculty Publications
Observing the 40th anniversary of the Virginia Law Foundation, Ms. Zwirner highlights some of the foundation's continuing legal education publications of frequent value to practitioners.
This article focuses primarily on the deskbook sources that are the go-to materials in many subject areas for Virginia practitioners. The publisher offers all these sources on CD, USB, or downloads. The titles include the forms that practitioners savor as good starting points for their clients’ needs. These forms account for many reference desk success stories for practitioners who rely on Gouldman’s Virginia Forms and are disappointed when that group does not provide the specificity …
Grave Injustice: Unearthing Wrongful Executions, Mary Kelly Tate
Grave Injustice: Unearthing Wrongful Executions, Mary Kelly Tate
Law Faculty Publications
This book review discusses Richard A. Stack's book, Grave Injustice, which illustrates the flaws in America's use of capital punishment. "Simply put, the death penalty is shown to be a massive policy failure diminishing the legitimacy of the criminal justice system in the world's leading democracy. Stack uses his reportorial skills to distill the complex subject of the American death penalty into a digestible form, yet he never cuts corners with the human dimension. This dimension is always at the center of crime and punishment and, most hauntingly, at the center of the American death penalty and its tragic …
Using Experiential Education To Develop Human Resources For The Nonprofit Community: A Course Study Analysis, Ann C. Hodges
Using Experiential Education To Develop Human Resources For The Nonprofit Community: A Course Study Analysis, Ann C. Hodges
Law Faculty Publications
In this era of shrinking resources and increased pressure to produce "practice-ready" lawyers, law schools are seeking new and cost-effective ways to provide experiential education. This article reports and analyzes the results of a survey of graduates and students from a course in Nonprofit Organizations that incorporated a community-based project designed to develop skills, enhance learning and encourage post-graduation involvement with nonprofits. Although limited to one course, this course study, like a case study, offers valuable information. Consistent with other research on experiential education, the survey supports the conclusion that such projects, while less resource intensive and comprehensive than clinics, …
Death Penalty Drugs: A Prescription That's Getting Harder To Fill, Corinna Barrett Lain
Death Penalty Drugs: A Prescription That's Getting Harder To Fill, Corinna Barrett Lain
Law Faculty Publications
Six states have abolished the death penalty in the past six years—Illinois, New York, New Jersey, Connecticut, Maryland, and New Mexico. We haven’t seen mass moves like that since the 1960s. What gives?
Part of the answer is that those states weren’t executing anyway. More people in those states were dying on death row waiting to be executed than were actually being executed, and the death penalty is breathtakingly expensive to maintain (a point to which I’ll return in a moment).
So why weren’t the states executing? We tend to hear about innocence claims, trench warfare litigation, official moratoriums, study …
Vertical Boilerplate, James Gibson
Vertical Boilerplate, James Gibson
Law Faculty Publications
Despite what we learn in law school about the “meeting of the minds,” most contracts are merely boilerplate—take-it-or-leave-it propositions. Negotiation is nonexistent; we rely on our collective market power as consumers to regulate contracts’ content. But boilerplate imposes certain information costs because it often arrives late in the transaction and is hard to understand. If those costs get too high, then the market mechanism fails. So how high are boilerplate’s information costs? A few studies have attempted to measure them, but they all use a “horizontal” approach—i.e., they sample a single stratum of boilerplate and assume that it represents the …
The Oath: The Obama White House And The Supreme Court By Jeffrey Toobin (Book Review), John Paul Jones
The Oath: The Obama White House And The Supreme Court By Jeffrey Toobin (Book Review), John Paul Jones
Law Faculty Publications
For anyone with an interest in the politics of courts, Jeffrey Toobin’s The Oath is a good read. Laypersons might see it as a busman’s holiday for lawyers working in American appellate courts, but NAACA members surely appreciate more than most how unique a judicial institution is the Supreme Court of the United States. Thus, there is much to which those working backstage in other venues can relate, but much more offering them frissons of the unusual.
Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 21, No. 1 (Spring 2013), Dale Margolin Cecka
Education & Practice (Newsletter Of The Section On Education Of Lawyer, Virginia State Bar) - V. 21, No. 1 (Spring 2013), Dale Margolin Cecka
Law Faculty Publications
Contents
Changing the Dynamics of Legal Education: Now What About that “Professional Responsibility” Class?, by Leslie Haley, Esq., founder of Haley Law PLC in Midlothian, VA.
Chair’s Column, Professor A. Benjamin Spencer of Washington and Lee School of Law
Work of the ABA’s Standards Review Committee, by Thomas Edmonds, Distinguished Visiting Professor at Charleston School of Law.
William R. Rakes Leadership in Education Award
Law Faculty News
News and Events Around the Commonwealth
Section’s Website Update
2012-2013 Board of Governors
Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges
Union Dues In The Public Sector: Legislative Changes And Legal Challenges, Ann C. Hodges
Law Faculty Publications
The economic crisis that began in 2008 led many states and localities to look for ways to reduce labor costs, which form a substantial portion of government budgets. Some state legislatures focused on collective bargaining laws, with Wisconsin being the most high profile example. Along with the restrictions on bargaining, a number of states moved to limit the collection of union dues. The limitations were not across the board, but primarily directed at either political expenditures of unions or at particular unions, most commonly education unions. Not surprisingly, the laws enacted were immediately subjected to legal challenge sinceunions, like every …
Inkblot: The Ninth Amendment As Textual Justification For Judicial Enforcement Of The Right To Privacy, Kurt T. Lash
Inkblot: The Ninth Amendment As Textual Justification For Judicial Enforcement Of The Right To Privacy, Kurt T. Lash
Law Faculty Publications
One of the more indelible moments in late twentieth century legal discourse occurred when Judge Robert Bork described the proper response of a judge confronted with the Ninth Amendment. Nominated to replace retiring Supreme Court Justice Lewis Powell, Judge Bork appeared before the Senate Judiciary Committee and declared that courts had no business enforcing the mysterious clause at all. Given the scarcity of historical evidence regarding the original meaning of the amendment, using the Ninth Amendment to strike down a law would say more about the predilections of the judge than the requirements of the text. Here is the famous …
The Top Three Copyright Cases Of 2012, James Gibson
The Top Three Copyright Cases Of 2012, James Gibson
Law Faculty Publications
In my last entry in this series, I examined three important patent law cases from 2012 – one at the Supreme Court level, one at the appellate level, and one at the trial court level. I’ll now do the same thing with regard to copyright cases.
My Supreme Court choice is Golan v. Holder, in which the Court upheld a statute that restored U.S. copyright protection to certain foreign works, thus removing them from the public domain. Such works had lost their protection – or had never acquired it in the first place – because of their failure to comply …
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
In Defense Of Implied Injunctive Relief In Constitutional Cases, John F. Preis
Law Faculty Publications
If Congress has neither authorized nor prohibited a suit to enforce the Constitution, may the federal courts create one nonetheless? At present, the answer mostly turns on the form of relief sought: if the plaintiff seeks damages, the Supreme Court will normally refuse relief unless Congress has specifically authorized it; in contrast, if the plaintiff seeks an injunction, the Court will refuse relief only if Congress has specifically barred it. These contradictory approaches naturally invite arguments for reform. Two common arguments-one based on the historical relationship between law and equity and the other based on separation of powers principles--could quite …
Mass Tort Claims In International Investment Proceedings: What Are The Lessons From The Ecuador-Chevron Dispute?, Chiara Giorgetti
Mass Tort Claims In International Investment Proceedings: What Are The Lessons From The Ecuador-Chevron Dispute?, Chiara Giorgetti
Law Faculty Publications
In parallel to the La go Agrio and Aguinda litigations in the U.S. and Ecuadorian proceedings that have been discussed already,l the Chevron dispute includes an international dimension that presents equally complex and important challenges, but focuses on very different issues and involves different parties. My remarks introduce these international proceedings first to explain the different actions taken by the parties in different forums. I then assess the viability of international dispute resolution mechanisms for mass tort claims in general, before considering more specifically whether they can provide sufficient redress to mass tort claimants. Finally, I briefly introduce alternative dispute …
Foreign And International Legal Research, Maureen Moran
Foreign And International Legal Research, Maureen Moran
Law Faculty Publications
As you have been learning, the American legal system is only one of hundreds in the world. Each of those legal systems has its own rules, sources, and authorities. But these systems do not exist in a vacuum. What rules govern when two or more States or entities interact? What are the enforcement mechanisms? The study of these questions comprises the fields of foreign law and international law. The purpose of this chapter is not to give you a comprehensive review of all the resources available for researching this vast field of law. Rather, the goal is to give you …
Bank Recapitalizations: A Comparative Perspective, Da Lin
Bank Recapitalizations: A Comparative Perspective, Da Lin
Law Faculty Publications
We have been here before. No matter how different the latest financial frenzy or crisis always appears, there are usually remarkable similarities with past experience from other countries and from history.
Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere, Allison Anna Tait
Constructing Courts: Architecture, The Ideology Of Judging, And The Public Sphere, Allison Anna Tait
Law Faculty Publications
In several countries, governments have embarked on major building expansion programs for their judiciaries. The new buildings posit the courtroom as their center and the judge as that room’s pivot. These contemporary projects follow the didactic path laid out in Medieval and Renaissance town halls, which repeatedly deployed symbolism in efforts to shape norms. Dramatic depictions then reminded judges to be loyal subjects of the state. In contrast, modern buildings narrate not only the independence of judges but also the dominion of judges, insulated from the state. The significant allocation of public funds reflects the prestige accorded to courts by …
Harry L. Carrico And The Ideal Of The Lawyer-Statesman, Wendy Collins Perdue
Harry L. Carrico And The Ideal Of The Lawyer-Statesman, Wendy Collins Perdue
Law Faculty Publications
“Professionalism.” This is a word that will always be associated with Justice Carrico—not only because he was a consummate professional himself, but also because he was dedicated to assuring that all lawyers understood the full ethical, social, and behavioral implications of their role as lawyers. Under his leadership, Virginia became the first state to require all newly-admitted lawyers to take a day-long course in professionalism. It is a model that has been widely emulated around the country.
Tribute To Chief Justice Harry L. Carrico, John G. Douglass
Tribute To Chief Justice Harry L. Carrico, John G. Douglass
Law Faculty Publications
An insightful personal perspective of Chief Justice Harry L. Carrico by Professor John G. Douglass.
The Virtues Of Thinking Small, Corinna Barrett Lain
The Virtues Of Thinking Small, Corinna Barrett Lain
Law Faculty Publications
Professor Lain argues that, in efforts to determine how close American states are to abolishing the death penalty, scholars should "think small," examining the ground level issues that affect its imposition. Among the issues she explores are exonerations of defendants, the legality and obtainability of lethal injection drugs, and the high costs of seeking and imposing capital punishment.
The Internet Is Not A Super Highway: Using Metaphors To Communicate Information And Communications Policy, Kristen Jakobsen Osenga
The Internet Is Not A Super Highway: Using Metaphors To Communicate Information And Communications Policy, Kristen Jakobsen Osenga
Law Faculty Publications
Do metaphors influence our information policy preferences? Professor Osenga thinks so, which makes it especially important to choose the right one, as a metaphor is often the primary tool the general public uses to understand information policy. Using a five-point rubric, she evaluates, among others, understanding the Internet as “tubes,” “highway,” “space (cyberspace),” “coffee shop/bar” and “cloud.” Osenga finds them all lacking in important ways. However, she believes the metaphor of the Internet as “ecosystem” is very promising and deserves to be further developed.
Who Regulates The Smart Grid?: Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets., Joel B. Eisen
Who Regulates The Smart Grid?: Ferc's Authority Over Demand Response Compensation In Wholesale Electricity Markets., Joel B. Eisen
Law Faculty Publications
This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC's broad authority to regulate the wholesale power markets.
Smart Regulation And Federalism For The Smart Grid, Joel B. Eisen
Smart Regulation And Federalism For The Smart Grid, Joel B. Eisen
Law Faculty Publications
This Article examines the “Smart Grid,” a set of concepts, technologies, and operating practices that may transform America’s electric grid as much as the Internet has done, redefining every aspect of electricity generation, distribution, and use. While the Smart Grid’s promise is great, this Article examines numerous key barriers to its development, including early stage resistance, a lack of incentives for consumers, and the adverse impacts of the federal-state tension in energy regulation. Overcoming these barriers requires both new technologies and transformative regulatory change, beginning with the development of a foundation of interoperability standards (rules of the road governing interactions …
Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch
Pointing Out The Power Of Prezi, Part I: Why Consider Prezi, Paul M. Birch
Law Faculty Publications
This article introduces Prezi, the online presentation software which has emerged as a most promising alternative to Microsoft PowerPoint. Part I offers a basic description of Prezi, points out widely perceived shortcomings of PowerPoint, and considers whether Prezi can remedy them.
Pointing Out The Power Of Prezi, Part Ii: Learning To Use Prezi, Paul M. Birch
Pointing Out The Power Of Prezi, Part Ii: Learning To Use Prezi, Paul M. Birch
Law Faculty Publications
This article introduces Prezi, the online presentation software which has emerged as a most promising alternative to Microsoft PowerPoint. Part II provides a tutorial designed to acquaint the user with the basic steps in creating a presentation, and offers additional advice for effective use of Prezi.
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
Law Faculty Publications
This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a …
Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.
Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.
Law Faculty Publications
Reconstruction Amendments says about the nature of American citizenship. The essay is organized as follows. Part I of the essay explores citizenship and membership by discussing belonging-based citizenship and rights-based citizenship. Part II describes how American and African American citizenship were constructed prior to the passage of the Reconstruction Amendments. Part III notes a few cases to explain how the Reconstruction Amendment's jurisprudence has developed in the wake of Dred Scott v. Sandford' and possibly led to a tilt toward a rights-based citizenship rather than a somewhat more robust belonging-based citizenship.
Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers, Jr.
Lincoln, The Emancipation Proclamation And Executive Power, Henry L. Chambers, Jr.
Law Faculty Publications
This Essay explores whether President Lincoln's Emancipation Proclamation, freeing all slaves held in areas designated by the President to be under rebellion onJanuary 1, 1863, could be justified as an exercise of his power under the Take Care Clause. Part I of this Essay discusses the legislation that preceded the Emancipation Proclamation. Part II discusses the Emancipation Proclamation. Part III discusses the Take Care Clause and how it might authorize significant parts of the Emancipation Proclamation, if not the entire document.
Salvaging The 2013 Federal Law Clerk Hiring Season, Carl W. Tobias
Salvaging The 2013 Federal Law Clerk Hiring Season, Carl W. Tobias
Law Faculty Publications
Ten years ago, the judiciary instituted the Federal Law Clerk Hiring Plan, an employment system meant to regularize hiring in which most circuit and district court jurists voluntarily participated. Throughout the succeeding decade, this process operated effectively for innumerable trial judges, but functioned less well for appellate jurists. In early 2013, the U.S. Court of Appeals for the District of Columbia Circuit revealed that all its members "will hire law clerks at such times as each individual judge determines to be appropriate," concomitantly explaining "the plan is [apparently] no longer working." With these statements, the D.C. Circuit explicitly acknowledged what …
The New Professional Plaintiffs In Shareholder Litigation, Jessica M. Erickson
The New Professional Plaintiffs In Shareholder Litigation, Jessica M. Erickson
Law Faculty Publications
This Article proceeds in three parts. Part I describes the old professional plaintiffs in shareholder litigation, detailing Congress's efforts in the 1990s to eliminate these plaintiffs. Part II describes the new professional plaintiffs in shareholder litigation, combining empirical data with a discussion of illustrative cases. Part III builds on this discussion by proposing a·new conceptual framework to address the problem of professional plaintiffs in corporate litigation.