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Articles 151 - 172 of 172
Full-Text Articles in Law
Administrative Law, John Paul Jones
Administrative Law, John Paul Jones
Law Faculty Publications
This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA"), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.
Debugging Software's Schemas, Kristen Osenga
Debugging Software's Schemas, Kristen Osenga
Law Faculty Publications
The analytical framework being used to assess the patent eligibility of software and computer-related inventions is fraught with errors, or bugs, in the system. A bug in a schema, or framework, in computer science may cause the system or software to produce unexpected results or shut down altogether. Similarly, errors in the patent eligibility framework are causing unexpected results, as well as calls to shut down patent eligibility for software and computer- related inventions. There are two general schemas that are shaping current discussions about software and computer-related invention patents-that software patents are generally bad (the bad patent schema) and …
Tribes Paying Outsiders To Audit Their Membership, David E. Wilkins
Tribes Paying Outsiders To Audit Their Membership, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
There is no greater responsibility for a tribal leader than to be a steward of their nation’s citizens/members. Yet in the area of constitutional reform and development, tribal membership, and enrollment policies and practices, many tribal governments have entrusted these most intimate of governmental responsibilities to outside organizations like CSN, Inc. (Constructing Stronger Nations)-DCIAmerica, the Harvard Project for American Indian Economic Development/Native Nations Institute, Automated Election Services, the Falmouth Institute, J. Dalton Institute, and others. In the case of membership, some of these for-profit organizations conduct, what I would suggest, are privacy invading enrollment audits.
Serving Those Who Served, Edward G. Simpson, Iii, Gregory L. Collins
Serving Those Who Served, Edward G. Simpson, Iii, Gregory L. Collins
Law Student Publications
Forward from Richmond Journal of Law and the Public Interest, Vol. XVII, regarding the Department of Veterans Affairs (VA). Despite the VA's massive budget and our country's growing veteran population, many veterans' issues are not being adequately addressed, and the legal needs of our veterans require our increased attention.
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, D. Paul Holdsworth
America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, D. Paul Holdsworth
Law Student Publications
This comment argues that awarding full damages to illegal immigrants who suffer workplace injuries better serves the United States' federal immigration objectives.
Administrative Law, John R. Mohrmann
Administrative Law, John R. Mohrmann
Law Student Publications
This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA''), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.
Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein
Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein
Law Student Publications
This article is an example of what Professor Richard Epstein would call "Contracts small." According to Professor Richard Epstein, "'Contracts small' relates to contract law at the doctrinal level; it focuses on the rules of contract formation and performance; the everyday 'stuff of lawyer's law.' "This article looks to the Restatement of Contracts (hereafter "Restatement") and the Restatement (Second) of Contracts (hereafter "Restatement Second") for answers to the questions raised by the two problems. The Restatements generally have both been praised and condemned for their focus on doctrinal issues-on what Richard Epstein calls the "everyday stuff of lawyer's law." As …
A Recount Of The Recount: Obenshain V. Herring, Maggie Bowman
A Recount Of The Recount: Obenshain V. Herring, Maggie Bowman
Law Student Publications
Because of the infrequency of recounts and the lack of judicial institutional knowledge, a plain-English guide is needed to assist judges and attorneys involved in recounts. The purpose of this essay is to provide such a guide as a resource for future Virginia recounts. Part I outlines the process of a recount and discusses how a recount differs from an election contest. Part I also briefly discusses the history of election recounts in Virginia, highlighting the two most recent state-wide recounts, Deeds and Obenshain. Part II delves more deeply into the primary issues encountered by the three-judge panel in Obenshain, …
Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler
Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler
Law Student Publications
Part I presents background on the ethanol industry and the implementation and development of the RFS. It also gives a brief overview of the non-water-related reasons that have led various sectors of the economy to oppose ethanol. Part II provides an overview of ethanol production (from cornfield to refinery) and the impact each stage of the process has on freshwater resources in the United States. Given the harm that the current RFS has caused by failing to consider the impact of the ethanol production process on our nation's freshwater resources, a policy change needs to happen. Yet there are some …
Two Dads Are Better Than One: The Supreme Court Of Virginia's Decision In L.F. V. Breit And Why Virginia's Assisted Conception Statute Should Allow Gay Couples To Legally Parent A Child Together, Lauren Maxey
Law Student Publications
This comment examines whether gay men can have a child through a surrogacy arrangement in Virginia and whether gay men can retain parental rights through surrogacy contracts under the Virginia Assisted Conception Act. The Virginia laws affect gay males and gay females equally, but this comment addresses the issues arising with same-sex couples in the context of gay dads. Part II provides a background of surrogacy and specifically discusses surrogacy in relation to same-sex couples. Part III provides a general background of adoption and the establishment of parentage rights. Part IV describes the Assisted Conception Act, the legislative history of …
"Screening" The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
"Screening" The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
Law Student Publications
On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance.1 Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits.2 Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is un-constitutional, in …
It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous
Law Student Publications
This comment analyzes the various potential legal approaches to dealing with revenge porn and posits that a federal law criminalizing the dissemination of revenge porn is necessary to combat this growing trend. Part II provides background information on revenge porn and further analyzes how the successful relationship between technology and pornography led to the rise of revenge porn. Part III analyzes the different civil remedies currently available to revenge porn victims and argues these are not practicable solutions. Part IV discusses the current state laws criminalizing revenge porn and the legal challenges faced by those affected by revenge porn and …
Lighting A Fire Under Free Speech: The Fda's Graphic Attempts To Reduce Smoking Rates, Ashley Peterson
Lighting A Fire Under Free Speech: The Fda's Graphic Attempts To Reduce Smoking Rates, Ashley Peterson
Law Student Publications
This article explores whether a graphic warning is possible or preferable in the government's fight against tobacco. Part II outlines a brief history of tobacco regulation in the United States. Part III turns to the Family Smoking Prevention and Tobacco Control Act (FSPTCA) and the FDA's initial rulemaking process. Part IV outlines the doctrine of commercial free speech, and Part V discusses why the Rule faced insurmountable challenges under this jurisprudence. Part VI explores how the FDA may overcome these hurdles in its future rulemaking, while Part VII discusses alternative methods through which the government can pursue its anti-tobacco agenda …
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantonio
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantonio
Law Student Publications
This comment argues that the FDA should regulate ecigarettes, but in doing so, it should take a minimalist approach to regulation. Instead of continuing its attempts to regulate tobacco products under the drug and device provisions of the Federal Food, Drug, and Cosmetic Act ("FDCA"), an incredibly stringent statute, the FDA should focus its efforts under the Tobacco Control Act ("TCA"), which is tailored specifically to regulate tobacco products. While the FDA has extensive regulatory options under the TCA, much of this authority should not be applied to ecigarettes. Part II will provide background information on ecigarettes generally as well …
The Tangled Web: A Case Against New Generic Top-Level Domains, Joseph P. Smith Iii
The Tangled Web: A Case Against New Generic Top-Level Domains, Joseph P. Smith Iii
Law Student Publications
This article’s purpose is to provide a general understanding of the legal and financial implications of the new generic top-level domains. By looking at the history and functionality of generic top-level domains, the reader will hopefully have the requisite background to understand the implications of adding new top-level domains.
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.
Richmond Public Interest Law Review
The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II …
The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine
The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine
Richmond Public Interest Law Review
This chapter examines the recent wave of laws aimed at enhancing teacher evaluation and accountability, and recommends strategies for moving forward in a way that holds greater promise for providing students with more equal and greater educational opportunities. First, this chapter provides a historical overview of the legal landscape governing the primary functions of the teacher workforce. Second, the major characteristics of this new wave of laws are examined. Third, the strengths and potential pitfalls entailed by these laws are analyzed in light of educational research. Finally, this chapter offers recommendations for improving teacher evaluation and accountability laws in a …
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Richmond Public Interest Law Review
This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan
Richmond Public Interest Law Review
In the wake of the highly publicized Virginia Tech tragedy, the 2008 General Assembly Session adopted mental health reforms that focused on the provision of emergency services during the detention and commitment process, and an increase in funding to implement these reforms and strengthen emergency services. Despite the reforms, the issue of inadequate capacity to meet the increasing demand for mental health services remains in a number of key areas, including emergency services and a decline in in-patient psychiatric bed capacity while population growth continues.
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul
Richmond Public Interest Law Review
The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge
The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge
Richmond Public Interest Law Review
With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …
Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
Screening The Poor: The Legality Of Drug Testing For Welfare Benefits, Jacquelyn Bolen
Richmond Public Interest Law Review
On March 8, 2014, at the conclusion of the 2014 Virginia General Assembly regular session, Virginia joined at least 17 other states that, in this year alone, have introduced proposals to screen or test applicants for illegal substances prior to obtaining public assistance. Following the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which permitted states to conduct drug testing as part of the Temporary Assistance for Needy Families (TANF) program, states began proposing drug screenings for applicants of public welfare benefits. Despite a 2003 Sixth Circuit decision holding that suspicionless drug testing is unconstitutional, in …