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Articles 1 - 30 of 59
Full-Text Articles in Law
Federal Rules Of Private Enforcement, Luke Norris, David L. Noll
Federal Rules Of Private Enforcement, Luke Norris, David L. Noll
Law Faculty Publications
The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between "substantive" rights and the "procedure" used to adjudicate them. The role of procedure, the rulemakers believed, was to resolve private disputes fairly and efficiently. Today, a substantial portion of litigation in federal court is brought under regulatory statutes that deploy private lawsuits to enforce public regulatory policy. This type of litigation, which scholars refer to as "private enforcement," is the engine for …
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson
University of Richmond Law Review
Part I explores the historical roots of the Convention,
discusses the evolution of its removal provisions, and explains how
it functions in the district courts today. Part II addresses the arguments
in favor of reverting to the Ruhrgas standard. This article
demonstrates that the current judicial interpretation of the Convention's
removal provisions under Beiser is too broad and that the
stricter construction under Ruhrgas should be re-adopted. Part II
examines three key reasons why the current Beiser standard is unworkable:
the current standard (1) leads to absurd results, (2) disrespects
notions of federalism and strains comity, and (3) in conjunction …
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson
University of Richmond Law Review
No abstract provided.
Family Law, Allison Anna Tait
Family Law, Allison Anna Tait
University of Richmond Law Review
Another year of family law activity in Virginia brought both new
legislation, which will likely have long-term impacts, as well as a
new set of judicial opinions that will bring changes to the Virginia
rules. The terrain covered in the legislation and opinions varies,
but it includes certain fixtures such as marriage and divorce requirements,
equitable distribution, spousal and child support, and
child custody. This brief overview addresses all these areas, beginning
with the legislative changes and then moving to the courts.
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
This article reviews significant recent developments in the laws
affecting Virginia state and local taxation. Each section covers
legislative activity, judicial decisions, and selected opinions or
pronouncements from the Virginia Tax Department (the "Tax
Department") and the Virginia Attorney General over the past
year.
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 Supreme Court of Virginia has handed down seven recent
decisions addressing the authority of an agent to change the principal's
estate plan, legal malpractice claims in estate planning,
rights of incapacitated adults, limits of the constructive trust doctrine,
effects of a reversionary clause in a deed, ownership of an
engagement ring, and proof of undue influence. The 2017 Virginia
General Assembly clarified rules on legal malpractice and tenancies
by the entireties, adopted the Uniform Trust Decanting Act
and the Uniform Fiduciary Access to Digital Assets Act, and expanded
provisions governing estate administration, life insurance,
and advance medical directives. Other …
Statutory Law, Kathleen Klepfer, Alexis Fetzer
Statutory Law, Kathleen Klepfer, Alexis Fetzer
Law Faculty Publications
This chapter describes the sources of law created by the legislative branch of the Commonwealth of Virginia. The materials include the laws enacted by the Virginia General Assembly, the publications in which those laws are found, and the resources available to assist in interpreting the legislative enactments.
The cardinal rule in Virginia statutory construction is that the statute expresses the intention of the lawmakers. Therefore, it falls upon the courts to ascertain the General Assembly’s intent where that intent becomes important in the application of statutory materials. When researching Virginia statutes, certain principles of interpretation and application must be kept …
The Equal Protection Component Of Legislative Generality, Evan C. Zoldan
The Equal Protection Component Of Legislative Generality, Evan C. Zoldan
University of Richmond Law Review
This article advances the broad project outlined above by recognizing
the equal protection component of legislative generality.
Exploring the relationship between the Equal Protection Clause
and the value of legislative generality both enhances an understanding
of the proper bounds of the Equal Protection Clause and
helps define the ultimate parameters of a value of legislative generality.
Part I of this article defines and provides paradigmatic
examples of special legislation. Part II identifies the most widely
held conceptions of equality that can be enforced through the
Equal Protection Clause and describes how special legislation offends
these conceptions. Part III describes how …
Family Law, Allison Anna Tait
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
No abstract provided.
The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker
The Court Of Appeals Of Virginia Celebrates Thirty Years Of Service To The Commonwealth, Hon. Stephen R. Mccullough, Hon. Marla Graff Decker
University of Richmond Law Review
No abstract provided.
Testing Sex, Rachel Rebouché
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton
University of Richmond Law Review
No abstract provided.
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
Vape Away: Why A Minimalist Regulatory Structure Is The Best Option For Fda E-Cigarette Regulation, Nick Dantino
University of Richmond Law Review
No abstract provided.
The Copyright/Patent Boundary, Viva R. Moffat
The Copyright/Patent Boundary, Viva R. Moffat
University of Richmond Law Review
No abstract provided.
Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff
Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff
University of Richmond Law Review
No abstract provided.
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that will most likely impact those practitioners. This article does not, however, discuss many of the numerous technical legislative changes to title 58.1 of the Virginia Code, which covers taxation.
Corporate And Business Law, Laurence V. Parker Jr.
Corporate And Business Law, Laurence V. Parker Jr.
University of Richmond Law Review
No abstract provided.
Family Law, Sharon K. Lieblich
Family Law, Sharon K. Lieblich
University of Richmond Law Review
No abstract provided.
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
Law Student Publications
This comment discusses federal restitution orders and why they are not a viable source of compensation for FCPA victims. Section I provides background information on the FCPA and outlines how it is enforced. Section II discusses victims' rights under a series of pieces of federal legislation. Section III looks at the primary precedent in the arena and explains why it shows that the restitution statutes do not provide sufficient FCPA victim restitution. Section IV discusses the pending Wal-Mart case and the issues facing Wal-Mart victims. Section V outlines other avenues of recovery for FCPA victims and proposes new measures for …
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright
Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright
University of Richmond Law Review
No abstract provided.
2010-2011 Veterans Law Update, Kathleen Dwyer, Alec Kast, Scott A. Sigmon, Andrew E. Tarne
2010-2011 Veterans Law Update, Kathleen Dwyer, Alec Kast, Scott A. Sigmon, Andrew E. Tarne
Law Student Publications
Part I will cover updates related directly to veterans' benefits and rights. Part II will focus on updates to rules involving veterans' caregivers and healthcare facilities. Part III will cover proposed rules dealing with veterans' claims and insurance. Part IV will focus on rules and case law covering the VA's procedures and operating regulations.
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
No abstract provided.
Election Law, Christopher R. Nolen, Jeff Palmore
Election Law, Christopher R. Nolen, Jeff Palmore
University of Richmond Law Review
Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
University of Richmond Law Review
No abstract provided.
Taxation, Craig D. Bell
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
My Daddy's Name Is Donor: Evaluating Sperm Donation Anonymity And Regulation, Mark Ballantyne
Law Student Publications
In Part I, this comment explores the debate on anonymous sperm donation and the current law in the United States. Part II surveys new developments in the regulation of sperm donation internationally and domestically. Part III reviews “My Daddy’s Name is Donor” and how its findings relate to the anonymity debate. Part IV concludes with suggestions regarding the national registry and future regulation of sperm donation in the United States.
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.
With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko
With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko
Law Student Publications
This comment will examine Virginia’s statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly session. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the importance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the other two bills not only because it was the …