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Articles 1 - 30 of 110
Full-Text Articles in Law
Issue 1: Annual Survey 2011 Table Of Contents
Issue 1: Annual Survey 2011 Table Of Contents
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod
University of Richmond Law Review
This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.
In Memoriam: The Honorable Leroy Rountree Hassell, Sr., Hon. Harry L. Carrico
In Memoriam: The Honorable Leroy Rountree Hassell, Sr., Hon. Harry L. Carrico
University of Richmond Law Review
Leroy Rountree Hassell, Sr. passed away on February 9, 2011. News of his death devastated those of us associated with him onthe Supreme Court of Virginia. We had lost a dear friend, one always conscious of the needs of his associates and anxious about making sure they were comfortable. Even more, the court lost its peerless leader, and the people of the Commonwealth of Virginialost a dedicated public servant. He will be sorely missed in allcorners of our great state.
Corporate And Business Law, Laurence V. Parker
Corporate And Business Law, Laurence V. Parker
University of Richmond Law Review
In the 2011 session, the Virginia General Assembly passed House Bill 2358, Benefit Corporations, to be codified as article 22 (the "Benefit Corporations Article") of the Virginia Stock Corporation Act ("VSCA"). The Benefit Corporations Article is largely based on legislation prepared in other states and allows a Virginia corporation to elect in its articles of incorporation to be treated as a "benefit corporation." These for-profit corporations are required to pursue not only profitability but also a general public benefit and, if one so elects, one or more specific public benefits. In Section II of this article, the author discusses the …
Criminal Law And Procedure, Virginia B. Theisen
Criminal Law And Procedure, Virginia B. Theisen
University of Richmond Law Review
Once more, the past year yielded a wealth of developments in the area of criminal law and procedure. The author has endeavored to cull the most significant decisions and legislative enactments, with an eye toward the "takeaway" from a case rather than a discussion of settled principles.
Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore
Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore
University of Richmond Law Review
The last two years have produced modest "tweaks" to Virginia'selection laws. Most notably, 2011 ushered in the decennial tradition of reapportionment and redistricting. This article surveys developments in Virginia election law for 2010 and 2011 and focuses on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related bill approved bythe General Assembly is discussed.
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
University of Richmond Law Review
No abstract provided.
Local Government Law, Andrew R. Mcroberts
Local Government Law, Andrew R. Mcroberts
University of Richmond Law Review
No abstract provided.
Taxation, Craig D. Bell
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey
University of Richmond Law Review
The 2011 session of the Virginia General Assembly enacted wills, trusts, and estates legislation that: (i) eliminated a potential federal transfer tax trap in inter vivos marital trusts, (ii) interpreted transfer tax formula clauses in light of recent changes in federal law, and (iii) adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Three other legislative enactments and seven opinions of the Supreme Court of Virginia during the twelve months ending June 1, 2011, addressed issues affecting this field. In addition to addressing those developments, this article summarizes a recent federal district court opinion that dealt with a significant …
Bulls, Bears, And Pigs: Revisiting The Legal Minefield Of Virginia Fraudulent Transfer Law, Isaac A. Mcbeth, Landon C. Davis Iii
Bulls, Bears, And Pigs: Revisiting The Legal Minefield Of Virginia Fraudulent Transfer Law, Isaac A. Mcbeth, Landon C. Davis Iii
University of Richmond Law Review
No abstract provided.
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
University of Richmond Law Review
No abstract provided.
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
A Vanishing Virginia Constitution?, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter Nash Swisher
Virginia Should Abolish The Archaic Tort Defense Of Contributory Negligence And Adopt A Comparative Negligence Defense In Its Place, Peter Nash Swisher
University of Richmond Law Review
No abstract provided.
Economic Policy After A Lost Decade--From Over-Spending To Innovation, Timothy M. Kaine
Economic Policy After A Lost Decade--From Over-Spending To Innovation, Timothy M. Kaine
University of Richmond Law Review
In this article, I want to focus on one aspect of our economic recovery-namely, how do we grow an economy without relying upon debt-fueled overconsumption? I argue that the magnitude of the 2007-2009 collapse was based significantly on unsustainable spending that had propped up the previous expansion. National policy during the first years of the last decade turned a sizable national surplus into a huge deficit through war spending, tax cuts, and expansion of public programs that were not paid for.The spending patterns of American families followed a similar pattern in which traditional savings rates shrunk precipitously while family debt …
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens
Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens
University of Richmond Law Review
The purpose of this article is first to navigate through variousperspectives on government regulation in an effort to develop areasonable and consistent view for regulatory proposals. Parts II and III of this article provide a brief outline of our current regulatory environment and its evolution. Part IV presents arguments for an efficient regulation of business by using market based regulation with a separation of efficiency and equity issues, where feasible. Examples of this regulatory approach appear throughout the article along with suggested reforms.
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Hon. Samuel L. Bufford
The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Hon. Samuel L. Bufford
University of Richmond Law Review
No abstract provided.
The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets, Edward J. Estrada
The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets, Edward J. Estrada
University of Richmond Law Review
This article analyzes the early days of the credit crisis as well as two of the largest casualties of that period-Lehman Brothers and General Motors. In addition, by focusing on the bankruptcy proceedings of these two entities as well as other judicial decisions rendered since the financial crisis began, it examines the role that courts have played in the crisis.
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen
Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen
University of Richmond Law Review
No abstract provided.
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge
University of Richmond Law Review
This comment examines the rise of China's middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment discusses the ramifications of strict domestic residential mortgage regulations and how China's tempered investment structure secured its domestic housing market. Part II of this comment examines China's investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann
University of Richmond Law Review
Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.
Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley
Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley
Richmond Public Interest Law Review
Synopsis: With the growing popularity of social media, there is an everincreasing chance that attorneys will commit an ethics violation or other lapse of discretion online. This article provides an overview of social networking and provides guidance for how judicial clerks and all attorneys can keep themselves in line when going online.
Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander
Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander
Richmond Public Interest Law Review
This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol
Richmond Public Interest Law Review
This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …
"Till Death (Or Doma) Does Us Part": How Doma Imposes An Unconstitutional Classifying And Coercive Condition On Federal Funding In The Wake Of Massachusetts V. United States Department Of Health And Human Services, Erin Bender
Richmond Public Interest Law Review
This Note suggests that the Court adopt a new test that would look at a condition attached to federal funding and determine whether it is a classifying condition or a coercive condition. Under this new test, a classifying condition will be deemed constitutional unless it violates equal protection principles; a coercive condition, on the other hand, will usually implicate the unconstitutional conditions doctrine.' On July 8, 2010, in Massachusetts v. United States Department of Health and Human Services, Judge Tauro of the United States District Court for the District of Massachusetts granted Massachusetts' motion for summary judgment by determining that …
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham
University of Richmond Law Review
No abstract provided.
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
University of Richmond Law Review
No abstract provided.
Modeling The Congressional End-Run Constraint, Luke M. Milligan
Modeling The Congressional End-Run Constraint, Luke M. Milligan
University of Richmond Law Review
No abstract provided.