Law Commons^™

Museletter: November/December 1999, Gail F. Zwirner

Museletter

Table of Contents:

"A" in Ping-Pong, "F" in Torts: Dean William Taylor Muse, 1906-1971

UR Readies for Y2K: System Shutdown to Occur December 31 by Alison Merner, Network Administrator

Thanks Law Library Student Employees!

Internet Sites Give Bookstores Competition

Law Library Dedicates Virginia Collection to James C. Roberts

Let's Talk Turkey: Census Bureau Facts for Features

[Library Hours]

Museletter: October 1999, Gail F. Zwirner

Museletter

Table of Contents:

Bridging the Gap: Alternative Sources for Virginia's Workers' Compensation Commission Decisions

[Library Hours]

At the Movies: Double Jeopardy by Gail Zwirner

Ask Dr. Catalog by Sally Wambold

Richmond Law Magazine: Fall 1999

Richmond Law Magazine

Features:

Greater Heights

Attracting Top Faculty

Drawing Stellar Students

Sharpening Career Focus

Museletter: September 1999, Gail F. Zwirner

Museletter

Table of Contents:

September is Constitution Month: Richmond Legal Community Participates in National Conference on Constitional [sic.] by Timothy L. Coggins, Director & Associate Professor

The UR Faculty on the Constitution

James Wirrell Joins Library Staff

Recent Faculty Publications

Library Establishes Cell Phone Policy

Consideration for your Classmates

Museletter: August 1999, Gail F. Zwirner

Museletter

Table of Contents:

Welcome New and Returning Students by Timothy L. Coggins, Director & Associate Professor

[Library Hours]

Muse Library Facts

The Computer Connection by Kimberly Wiseman, Computer Services Assistant

Info Enhancements: Developments in Accessing Library Sources by John R. Barden, Reference/ Research Services Librarian

Cell Phones and Pagers

Lexis & Westlaw Training

Museletter: June/July 1999, Gail F. Zwirner

Museletter

Table of Contents:

Law Librarians Participate in First National Conference on Public Trust and Confidence in the Justice System

[Library Hours]

Summer in Richmond: First Stage of Riverfront Development Begins with Canal Reopening

Ask Dr. Catalog

Museletter: May 1999, Gail F. Zwirner

Museletter

Table of Contents:

Nancy Martin Retires from Law Library

[Library Hours]

John Barden Joins Reference Staff Full-Time

Carrel Information

Extending Lexis and Westlaw Passwords for Summer Use

Islamic And American Constitutional Law: Borrowing Possibilities Or A History Of Borrowing?, Azizah Y. Al-Hibri

Law Faculty Publications

Islam is commonly viewed in the West as being incompatible with democracy. It is also viewed as an "Oriental" religion that has spawned violence and encouraged human rights violations. Because of the historical interaction between the West and Islam, the United States has recently been supporting efforts to export its democratic principles and human rights values to Muslim countries. In this context, the question of constitutional borrowing gains special significance. To assess the possibilities of constitutional borrowing between Islamic countries and the United States, it is important to first discuss the historical relation between the two, as well as between …

Museletter: April 1999, Gail F. Zwirner

Museletter

Table of Contents:

The Next Generation of Online Services: Treatises & Looseleafs

It's Tax Return Time

April Dates in Legal History

Ask Dr. Catalog

Lab Printing Options

National Library Week

Connecting to the Westlaw Standalone Printer

Renewing Books

Aggressive Newsgathering And The First Amendment, Erwin Chemerinsky, Robert Nagel, Robert O'Neil, Diane Zimmerman

University of Richmond Law Review Symposium

The University of Richmond School of Law sponsored the "Aggressive Newsgathering and the First Amendment." The symposium covered such topics as surreptitious newsgathering techniques, the constitutionality of recent proposed legislation regarding paparazzi, and the question of the appropriate dividing line, if any, between public and private life. The symposium featured a mix of scholars, journalist, lawyers, judges, and public figures, who discussed these issues in three sessions. Scholarly papers generated by the symposium were published in 33 U. Rich. L. Rev. 1143 (1999). The authors of those papers also participated in the symposium proceedings and they were:

Professor Erin Chemerinsky, …

Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert

Richmond Public Interest Law Review

The United States has made notable progress in cleaning up the environment over the last 30 years. Our nation's air, land and water are, in almost all cases, significantly cleaner than they were only a few decades ago.' Before declaring victory though, we must acknowledge that some environmental problems are getting worse, and the nature of our environmental problems has changed. Many environmental problems are now global problems, as opposed to problems that could be dealt with at the national or state level. Problems have become diffuse, with no clearly identifiable source and with a lengthy delay between cause and …

North American Environment And Its Linkages To Trade, Nicole A. Kleman

Richmond Public Interest Law Review

This article will follow a deductive approach in order to comprehend the intricacies involved in the NAFTA and NAAEC's environmental provisions. It will also contextualize the inseparable relationship between environmental protection and trade which is depicted in these agreements. Part I will review and analyze the NAFTA's environmental provisions, focusing on their relevant mechanisms, nexus to trade, and shortcomings. In Part II, the uniqueness and effectiveness of the formula developed to reconcile trade and the environment in the form of the NAAEC will be introduced. Part III is divided into three categories: the Commission for Environmental Cooperation ("CEC"), Dispute Resolution …

Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff

Richmond Public Interest Law Review

This comment will attempt to address some of the issues surrounding the ISO 14000 standards and also the Eco-Management and Audit Scheme or EMAS standards. Part II of the comment will discuss the evolution and need for international standards such as ISO 14000 and EMAS. Part III will analyze the challenges to successful implementation of ISO and EMAS, particularly concentrating on the problems which may arise from the proliferation of information due to increased EMS audits. Part IV suggests that ISO audit privilege legislation be adopted by the U.S. Congress and that an ISO audit policy be adopted by the …

Museletter: February 1999, Gail F. Zwirner

Museletter

Table of Contents:

February is Black History Month: A Tribute to Giles Beecher Jackson (1852-1924)

Library Assistants on the Move

New Faculty Publications

Ask Dr. Catalog

New Computer Lab Printing Policy

January/February Dates in Legal History

Spring, 1999 Semester - Regular Hours

A Nice Place To Visit But I Wouldn't Want To Litigate There: The Effects Of Cybersell V. Cybersell On The Law Of Personal Jurisdiction, W. David Falcon Jr.

Richmond Journal of Law & Technology

In a world divided by barriers of language and culture, the Internet is the nexus that connects the most rural outposts of technology to the global business centers. The Internet's most popular user interface, the World Wide Web, is an interwoven network of computers through which news and information can traverse international barriers in a matter of seconds. Using an Internet Service Provider ("ISP") and a personal computer, the average user can access the World Wide Web and enter the largest repository of public information on the planet. The boundaries are virtually limitless, and the general absence of content restrictions …

A World Wide Web Of Potential Franchise Law Violations, Michael J. Lockerby

Richmond Journal of Law & Technology

Franchising -- whereby independent entrepreneurs are licensed to provide goods and services of uniform quality (hopefully) under their licensor's trademarks -- has long been the predominant method of distributing goods and services in the U.S. Time will tell how many suppliers use the Internet to "cut out the middleman", and instead, sell goods and services directly to the ultimate consumer. While franchising so far appears to be safe from the Internet, the Internet may not be safe from franchising -- or, perhaps more accurately, from the world wide web of laws that govern franchising. The explosive growth of Internet commerce …

Products Liability In The New Millennium: Products Liability And The Y2k Crisis, Philip J. Landau

Richmond Journal of Law & Technology

Imagine the following scenario. It's December 31, 1999 and two minutes until midnight. The champagne has just been poured and everyone is joyfully preparing to welcome in the new millennium. The clock ticks and the countdown begins. While millions of New Yorkers push and shove, millions more gather around television sets to catch a glimpse of the famous "ball" as it begins its descent in Times Square. Five . . . Four . . . Three . . . Two . . . One . . . "Happy New Year!!!" Little does the crowd know, that as they disperse and …

Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood

Richmond Journal of Law & Technology

The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …

Ethical Issues For Lawyers On The Internet And World-Wide Web, J. T. Westermeier

Richmond Journal of Law & Technology

The Internet is experiencing explosive growth. The global World Wide Web and Internet are being embraced by the legal community at a phenomenal pace. More and more lawyers are using the Web to promote their practices, disseminate information, communicate with clients and prospective clients, conduct legal research, and carry on the practice of law. This growing use of the Web by lawyers, both nationally and internationally, is raising numerous complex ethical questions.

Two Movements Of A Constitutional Symphony: Akhil Amar’S The Bill Of Rights, Kurt T. Lash

Law Faculty Publications

A remarkable effort is afoot to justify American constitutional law at the end of the twentieth century. Ground zero in this effort is Yale Law School, and the principle architects are professors Akhil Reed Amar and Bruce Ackerman. Together, these scholars are calling for a reevaluation of commonly accepted doctrines with the goal of grounding judicial review and constitutional interpretation on the principles of popular sovereignty. What makes the effort remarkable is its emphasis on political morality, as opposed to the attainment of a particular doctrinal end. Take, for example, Amar's explanation of his purpose in writing The Bill of …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1998-99), J. Rodney Johnson

Law Faculty Publications

In its 1999 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia in its 1999 Session. In addition, there were eleven Supreme Court of Virginia opinions and one Bankruptcy Court opinion in the period covered by this review that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.

Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein

Law Faculty Publications

The delegation by a lawyer of substantial amounts of non-ministerial functions to legal assistants raises various unauthorized practice of law issues. This Article provides an overview of the Chapter 13 bankruptcy process and state law rules regarding the unauthorized practice of law. We then discus~ these rules in the context of a typical Chapter 13 debtor practice.

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Public Interest Law Review

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

Mcdade Amendment: Moving Towards A Meaningful Limitation On Wrongful Prosecutorial Contact With Represented Parties, Nina Marino, Richard Kaplan

Richmond Public Interest Law Review

In Part I, this article will examine the anti-contact rule, its history, goals, and the path it has taken in the context of prosecutorial contact with represented parties. Part II will discuss the McDade Amendment, its genesis and purpose. Part III will discuss the struggle undertaken by the Department of Justice [hereinafter "DOJ"] as it seeks to exempt its lawyers from the anti-contact rule. Finally, Part IV looks at arguments for and against prosecutorial exemption from the anti-contact rule.

Thinking Ahead: Protecting The Environment In The 21st Century, Thomas L. Eggert

Richmond Journal of Law and the Public Interest

The United States has made notable progress in cleaning up the environment over the last 30 years. Our nation's air, land and water are, in almost all cases, significantly cleaner than they were only a few decades ago.' Before declaring victory though, we must acknowledge that some environmental problems are getting worse, and the nature of our environmental problems has changed. Many environmental problems are now global problems, as opposed to problems that could be dealt with at the national or state level. Problems have become diffuse, with no clearly identifiable source and with a lengthy delay between cause and …

Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff

Richmond Journal of Law and the Public Interest

This comment will attempt to address some of the issues surrounding the ISO 14000 standards and also the Eco-Management and Audit Scheme or EMAS standards. Part II of the comment will discuss the evolution and need for international standards such as ISO 14000 and EMAS. Part III will analyze the challenges to successful implementation of ISO and EMAS, particularly concentrating on the problems which may arise from the proliferation of information due to increased EMS audits. Part IV suggests that ISO audit privilege legislation be adopted by the U.S. Congress and that an ISO audit policy be adopted by the …

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Journal of Law and the Public Interest

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger

Richmond Journal of Law and the Public Interest

The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …

North American Environment And Its Linkages To Trade, Nicole A. Kleman

Richmond Journal of Law and the Public Interest

This article will follow a deductive approach in order to comprehend the intricacies involved in the NAFTA and NAAEC's environmental provisions. It will also contextualize the inseparable relationship between environmental protection and trade which is depicted in these agreements. Part I will review and analyze the NAFTA's environmental provisions, focusing on their relevant mechanisms, nexus to trade, and shortcomings. In Part II, the uniqueness and effectiveness of the formula developed to reconcile trade and the environment in the form of the NAAEC will be introduced. Part III is divided into three categories: the Commission for Environmental Cooperation ("CEC"), Dispute Resolution …

Regulation Of Dietary Supplements: Five Years Of Dshea, Laura A.W. Khatcheressian

Law Faculty Publications

On October 25, 1994, President Clinton signed into law the Dietary Supplement Health and Education Act (DSHEA),2 passed unanimously by both houses of Congress. This law radically changed the regulatory landscape for the sale and labeling of dietary supplements, restricting the Food and Drug Administration's (FDA's) authority in certain ways, and encouraging the sale of dietary supplements, including vitamins, minerals, herbs, botanicals, and amino acids.

This article examines DSHEA and discusses current FDA attempts to regulate dietary supplements. Part II provides a brief background and discusses FDA's concerns and attitude toward dietary supplements before the passage of DSHEA. Part III …