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Full-Text Articles in Law

Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson Jan 2018

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 Nov 2017

A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson

University of Richmond Law Review

No abstract provided.


Family Law, Allison Anna Tait Nov 2017

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 Nov 2017

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 Nov 2017

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 …


The Equal Protection Component Of Legislative Generality, Evan C. Zoldan Jan 2017

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 …


Issue 2: Table Of Contents Jan 2017

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.


Family Law, Allison Anna Tait Nov 2016

Family Law, Allison Anna Tait

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2016

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 Nov 2015

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 Jan 2015

Testing Sex, Rachel Rebouché

University of Richmond Law Review

No abstract provided.


Virginia's Gap Between Punishment And Culpability: Re-Examining Self-Defense Law And Battered Women's Syndrome, Kendall Hamilton Nov 2014

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 May 2014

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 Jan 2014

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 Jan 2014

Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2013

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. Nov 2013

Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

No abstract provided.


Family Law, Sharon K. Lieblich Nov 2013

Family Law, Sharon K. Lieblich

University of Richmond Law Review

No abstract provided.


Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright May 2013

Spelling Out Lgbt: Enumerating Sexual Orientation In Virginia's Anti-Bullying Law, Melissa Wright

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2012

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 Nov 2012

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 Nov 2012

Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2012

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden Nov 2011

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.


When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis Jan 2011

When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis

Richmond Journal of Global Law & Business

No abstract provided.


Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang Jan 2011

Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang

University of Richmond Law Review

No abstract provided.


Environmental Law, Caleb A. Jaffe, Sean M. Carney Nov 2010

Environmental Law, Caleb A. Jaffe, Sean M. Carney

University of Richmond Law Review

No abstract provided.


Construction Law, Christopher G. Hill Nov 2010

Construction Law, Christopher G. Hill

University of Richmond Law Review

This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2010

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power ofAttorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in thisarea. This article reports on all of these legislative and judicial developments, along with …


Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale Jan 2010

Legislating In The Dark: How Congress Regulates Tax-Exempt Organizations In Ignorance, John F. Coverdale

University of Richmond Law Review

No abstract provided.