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Full-Text Articles in Law
Land Use And Zoning Law, Andrew E. Tarne
Land Use And Zoning Law, Andrew E. Tarne
Law Student Publications
Since the early days of nuisance law, but especially since the early twentieth century and the validation of zoning ordinances, land use planning and management have been fundamental roles of local government. As evinced by its state code, the Commonwealth of Virginia recognizes the essential role that localities play in land use planning. The Virginia Code requires that localities create planning commissions, adopt comprehensive plans, and, if the localities have adopted zoning ordinances, establish boards of zoning appeals. As most of the implementation of these mandates is left to individual localities, the form of implementation is not uniform but naturally …
Labor And Employment Law, Eric Wallace
Labor And Employment Law, Eric Wallace
Law Student Publications
During the past two years, there have been several significant developments in labor and employment law, both on the state and federal levels. Because developments in both state and federal law likely will have a profound impact on employers and employees throughout Virginia, they warrant significant discussion in this survey. In addition to examining notable decisions from the Supreme Court of the United States, the United States Court of Appeals for the Fourth Circuit, and the United States District Courts for the Eastern District and Western District of Virginia, this survey also discusses decisions of the Supreme Court of Virginia …
Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Virginia's "War On Women": How Forcing Women To Have An Ultrasound Before Abortion Is Unconstitutional, Alison B. Linas
Law Student Publications
This comment will discuss how the ultrasound bill, like similar ones in other states, is unconstitutional for two reasons....Part II of this comment will focus on the Supreme Court's role in shaping abortion policy....Part III will describe Virginia’s new ultrasound requirement and how the above-mentioned Supreme Court decisions affect the new bill’s legality. Part III(A) will lay out the relevant portions of the bill and discuss its legislative history. Part III(B) will analyze the bill through Casey’s undue burden lens....Part III(C) will argue that requiring a woman to have a mandatory medical procedure effectively prevents her from refusing medical care, …
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds
Law Student Publications
This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate’s ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values and meaningfully increases access to the …
Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.
Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.
Law Student Publications
This comment's focus is to convincingly demonstrate that neither the General Assembly's Health Care Freedom Act nor the Commonwealth's constitutional challenge to the minimum essential coverage provision were exercises of nullification. Part II of this comment relates a brief history of the ACA's passage alongside the Virginia Health Care Freedom Act's enactment and the Attorney General of Virginia Ken Cuccinelli's suit against Secretary of Health and Human Services Kathleen Sebelius. Part III defines nullification and further explains it through the historical instances when Virginia has considered the doctrine. Part IV demonstrates that-far from nullifying the minimum essential coverage provision-Virginia has …
Chapter 9: Fastcase, Gail F. Zwirner
Chapter 9: Fastcase, Gail F. Zwirner
Law Faculty Publications
In February 2005, the Virginia State Bar (VSB) Council approved plans to offer all Virginia lawyers free access to an online legal research program through a portal on the VSB's website. Then-Chief Justice Leroy Rountree Hassell, Sr., considered access to an online research tool a high priority for Virginia attorneys and urged the VSB to provide this kind of service. On June 13, 2005, the Virginia Supreme Court adopted a formal Rule of Court directing the VSB "to contract to provide online computerized legal resea1·ch services to its members."1 In February 2006, the VSB gave its notice of intent to …
The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges
The Sheathed Sword: Union Efficacy In Nonbargaining States, Ann C. Hodges
Law Faculty Publications
Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.
Chapter 5: Administrative Law, Gail F. Zwirner
Chapter 5: Administrative Law, Gail F. Zwirner
Law Faculty Publications
No abstract provided.
The Sheathed Sword: Public-Sector Union Efficacy In Non-Bargaining States, William Warwick
The Sheathed Sword: Public-Sector Union Efficacy In Non-Bargaining States, William Warwick
Law Student Publications
Section I of this article briefly reviews the law in Virginia and North Carolina. Section II examines, in detail, many of the strategies and tactics unions have utilized, both successfully and unsuccessfully, in Virginia and North Carolina. Section III discusses the overwhelming challenges that public-sector unions, despite their success, still face under the laws and political climate in hostile states. Finally, *277 section IV offers a brief analysis of how unions in other states that prohibit or severely limit collective bargaining can emulate their successes and learn from their failures.
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Maintaining Union Resources In An Era Of Public Sector Bargaining Retrenchment, Ann C. Hodges
Law Faculty Publications
This article will look first at the law relating to payroll deduction of dues in Virginia and North Carolina and in several of the . states that have newly restrictive bargaining laws. The article will then discuss the significance of payroll ,deduction of union dues for effective representation of unionized employees. Next the article will analyze the existing law relating to constitutional challenges to statutory limitations on payroll deduction, along with the current legal challenge to the Wisconsin statute. Finally the article will consider how unions might maintain payroll deduction of union dues. The article concludes that while in some …
Administrative Law (Annual Survey Of Virginia Law, 2012), John Paul Jones
Administrative Law (Annual Survey Of Virginia Law, 2012), John Paul Jones
Law Faculty Publications
What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rulemaking by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.