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University of Richmond

Law Student Publications

2015

Articles 1 - 15 of 15

Full-Text Articles in Law

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth Jan 2015

A Survey Of The History Of The Death Penalty In The United States, Sheherezade C. Malik, D. Paul Holdsworth

Law Student Publications

Since the founding of Jamestown Colony in 1607, few topics in American life and culture have generated as much controversy, both in terms of persistence and volatility, as the death penalty. Foreign policy, economic recessions, and social movements come to the forefront of national discussion in their own respective ebbs and flows. Capital punishment, however, has been a staple of the American criminal justice system since the early inhabiting of the continent, and has remained a permanent vehicle through which we can enact retribution on the most heinous criminal offenders in our society, ridding ourselves of the worst among us.

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What’S Worse, Nuclear Waste Or The United States’ Failed Policy For Its Disposal?, Christopher M. Keegan Jan 2015

What’S Worse, Nuclear Waste Or The United States’ Failed Policy For Its Disposal?, Christopher M. Keegan

Law Student Publications

This comment will analyze the SNF ("spent nuclear fuel") problem in the United States and offer recommendations for how to move forward. First, Part I will summarize the path that has led to this impasse. Part II offers recommended solutions on how the United States can develop a workable SNF solution that includes a permanent repository, consolidated intermediate storage, and reprocessing. Finally, this comment will offer its conclusion that the United States should begin the process of establishing a permanent geologic repository for SNF at a location other than Yucca Mountain, create a system of consolidated interim storage to temporarily …

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Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb Jan 2015

Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb

Law Student Publications

This comment argues that fair use analysis should be reorganized from a disjointed four-factor morass into a straightforward two-part analysis that incorporates and clarifies the purpose of each of the four factors. Such a structure recognizes the role transformative use plays within the fair use doctrine as a whole. This comment then applies this process to a potential fair use defense for Richard Prince's The Catcher in the Rye. Part I provides background information on the relationship between the author, reader, and text as outlined by Roland Barthes, general copyright law, Richard Prince, and the fabulist Jorge Luis Borges. Part …

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Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay Jan 2015

Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay

Law Student Publications

This article seeks to offer a mitigating solution to the educational inequities plaguing Richmond Public Schools--socioeconomic integration and district consolidation. Under this race-neutral school assignment proposal, desegregation efforts are based not on an individual's ethnicity, but socioeconomic status. The proposal seeks to have no more than 50% of a student body receiving free or reduced-price lunch in any one school in the Richmond area. However, because of Richmond Public Schools' existing high poverty rate, no socioeconomic redistricting proposal would be effective without incorporating Richmond's adjacent suburbs- Chesterfield and Henrico counties.

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A Corporation’S Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman Jan 2015

A Corporation’S Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-On-The-Market, Steven W. Lippman

Law Student Publications

This comment lays out a framework that should allow corporations to strategically defend themselves against frivolous and meritless 10b-5 class action suits invoking Basic's Fraude-on-the-Market ("FOM") presumption of reliance. Part I of this comment discusses the current landscape of securities class action litigation. It explains how and why the suits are initiated and discusses the outcome of Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II). Part II discusses the framework for the proposition of this comment. It provides a brief history of significant cases and incorporates several recent cases that have opened the door to the possibility of …

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Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan Jan 2015

Nrdc Sues Epa For A Failure To Issue Hazardous Substance Regulations: The End Of A Decades-Long Public Risk In Sight, Jack Morgan

Law Student Publications

Currently there are no federal regulations that prevent hazardous substance spills at onshore facilities, such as tank farms, or in communities where a spill of those chemicals could threaten water supplies. On July 21, 2015, the Natural Resources Defense Council (NRDC) filed a complaint on behalf of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) and People Concerned About Chemical Safety (PCCS) against EPA and EPA Administrator Gina McCarthy in her official capacity as administrator, in the U.S. District Court for the Southern District of New York. The case has been assigned to Judge Shira A. Sheindlin. The …

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Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb Jan 2015

Richard Prince, Author Of The Catcher In The Rye: Transforming Fair Use Analysis, Brockenbrough A. Lamb

Law Student Publications

This comment argues that fair use analysis should be reorganized from a disjointed four-factor morass into a straightforward two-part analysis that incorporates and clarifies the purpose of each of the four factors. Such a structure recognizes the role transformative use plays within the fair use doctrine as a whole. The comment then applies this process to a potential fair use defense for Richard Prince's The Catcher in the Rye.

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Ending Drunk Driving With A Flash Of Light, Andrew Sullivan Jan 2015

Ending Drunk Driving With A Flash Of Light, Andrew Sullivan

Law Student Publications

Among the methods used to combat drunk driving is mandating a person convicted of driving under the influence/driving while intoxicated install an ignition interlock device (“IID”) in his/her vehicle as a condition of restoring his/her driving privileges.This comment argues that the National Highway Traffic Safety Administration (“NHTSA”) has the authority to issue such a regulation; it need only be presented with a workable opportunity to do so. The present state of IID technology is a poor candidate to make this hypothetical regulation workable, but advances in Near Infrared (“near-IR”) Spectroscopy will provide the technology necessary to make a discussion of …

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A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao, Iii Jan 2015

A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao, Iii

Law Student Publications

This comment recommends that Virginia cease its use of lethal injection because of its high botch rates and growing impracticability due to drug shortages. Instead, the Commonwealth should use the firing squad as a more effective means of execution, thereby leading the nation in a transition towards a more efficient and reliable method.

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There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson Jan 2015

There’S No Place Like Work: How Modern Technology Is Changing The Judiciary’S Approach To Work-At-Home Arrangements, As An Ada Accommodation,, Benjamin D. Johnson

Law Student Publications

This comment addresses the extent to which the evolving definition of the "workplace" has upset the courts' traditional approach to teleworking as a reasonable accommodation for disabled employees under the ADA and ultimately necessitated changes in the reasonable accommodation framework.

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The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler Jan 2015

The Twilight Zone: Perspectives From A Man On Death Row, Leah Stiegler

Law Student Publications

This interview was conducted through a series of written correspondences between Gerald Dean Cruz and Leah Stiegler, the Allen Chair Editor for Volume 49 of the University of Richmond Law Review. This exchange was reproduced, in excerpts, for the sole purpose of giving readers a rare glimpse into the perspective of a death row inmate.

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Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid Jan 2015

Making Sure We Are Getting It Right: Repairing "The Machinery Of Death" By Narrowing Capital Eligibility, Ann E. Reid

Law Student Publications

This comment argues that, starting with the framework of the federal system, there is a way to reconcile modern concerns about the death penalty with society's need for leverage over those criminals who truly are the worst of the worst-those who present grave threats to society even after incarceration. This reconciliation can be achieved by amending the Federal Death Penalty Act to require prosecutors to establish one additional element before they can secure a capital conviction: future dangerousness of the defendant in prison..

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Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher Jan 2015

Danger In The Dmca Safe Harbors: The Need To Narrow What Constitutes Red Flag Knowledge, Hank Fisher

Law Student Publications

This comment considers recent cases interpreting the Digital Millennium Copyright Act ("DMCA") and urges Congress to expand the protection of service providers through the DMCA safe harbors. The comment proceeds in six parts. Part I explains contributory and vicarious liability, the applicable sections of the DMCA to this comment, and the fair use doctrine. Part II provides a brief overview of video-sharing websites. It further observes the impact that video-sharing websites have had on digital media, focusing on the impact on the music industry. Part III looks at the recent cases interpreting the DMCA's red flag exception to safe harbor …

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Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau Jan 2015

Police Body Cameras: Implementation With Caution, Forethought, And Policy, Dru S. Letourneau

Law Student Publications

This article will provide a workable initial implementation policy that would maximize the benefits of increased police use of body cameras, while minimizing the negative impacts. Part I defines police body cameras and explores their current use in and impact on today's law enforcement world. Parts II and III encompass some of the perceived benefits and anticipated challenges of increased body camera use. Part IV considers and recommends exactly where the responsibility of camera implementation should lie.

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Who Is Best Suited To Combat Sexual Violence On College Campuses?: An Analysis Of H.B. 1785, Susana Bass Jan 2015

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

Law Student Publications

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 address 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 assault …

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