Law Commons^™

Letter From The Editor, Katherine R. Schroth

Richmond Public Interest Law Review

Letter from the Editor for the Richmond Journal of Law and the Public Interest 2015 Symposium Issue

2015 Symposium: Wrongful Convictions: Science, Experience & The Law Keynote Panel Discussion, Mary Kelly Tate, Shawn Armbrust, Michael N. Herring, Douglas A. Ramseur

Richmond Public Interest Law Review

2015 Symposium: Wrongful Convictions: Science, Experience & the Law Keynote Panel Discussion

A Call For Justice: Virginia's Need For Criminal Discovery Reform, Douglas A. Ramseur

Richmond Public Interest Law Review

In order for the promise of a strong and reliable criminal justice system to work properly in Virginia, there must be strong and prepared advocates on both sides of the process. The current process of discovery for criminal cases in Virginia fosters a culture of secrecy and unpreparedness that should not be tolerated in a system that has such power over the lives of every person in this state. It is far past the time for Virginia to move forward on criminal discovery reform. The current rules for criminal discovery in Virginia were first adopted in 1972. The rules do …

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Public Interest Law Review

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …

"But I Know It When I See It": Natural Law And Formalism, William Hamilton Bryson

Law Faculty Publications

Review of R. H. Helmholz's book, Natural Law In Court: A History of Legal Theory in Practice (2015); and David M. Rabban's book, Law's History: American Legal Thought and the Transatlantic Turn to History (2013).

Glimpses Of Marshall In The Military, Kevin C. Walsh

Law Faculty Publications

Before President John Adams appointed him as Chief Justice of the United States in 1801, John Marshall was a soldier, a state legislator, a federal legislator, an envoy to France, and the Secretary of State. He also maintained a thriving practice in Virginia and federal courts, occasionally teaming up with political rival and personal friend Patrick Henry. Forty-five years old at the time of his appointment to the Supreme Court, Marshall has been serving his state and his country for a quarter century before he took judicial office. Marshall is an exemplar of professional excellence for all lawyers and judges. …

Filling Federal Court Vacancies In A Presidential Election Year, Carl W. Tobias

Law Faculty Publications

Scholars and politicians who closely track the federal judicial selection process appreciate that confirmations slow and ultimately halt over presidential election years, a phenomenon which has greater salience in a chief executive's last administration. The first section of this article canvasses selection in Barack Obama's tenure, ascertaining that Republicans cooperated little and contravened numerous traditions, especially after the party captured a majority. Thus, section two analyzes why the GOP did not collaborate and the consequences. Because that obstruction-which undercuts justice and regard for the coequal branches of government- will actually continue across 2016, the piece surveys devices, which could rectify …

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

Law Student Publications

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant undue judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc. …

Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight

Law Student Publications

This comment's purpose is to explore whether the principles announced in Kirtsaeng should apply to the patent exhaustion doctrine. Part I begins by examining the history of patent exhaustion jurisprudence. It also introduces the competing theories international exhaustion and territorial exhaustion. Part II analyzes the effect of the recent Supreme Court decision in Kirtsaeng on the exhaustion doctrine in copyright. Part III contends that exhaustion doctrine polices the same practical problems in copyright as it does in patent law. Finally, the conclusion argues for an extension of the Kirtsaeng holding to the patent exhaustion doctrine.

Introducing The University Of Richmond Law Review Online Edition, Carter Nichols, P. Thomas Distanislao, Iii

Law Student Publications

With the introduction of the Online Edition, the University Richmond Law Review will join in the growing trend of publishing online legal scholarship. Access to formation has always been imperative to sound legal practice, and with the launch of the Online Edition, we hope to add to the wealth of scholarship that the University of Richmond Law Review view has become known for.

Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.

Causation In Whistleblowing Claims, Nancy M. Modesitt

University of Richmond Law Review

his article attempts to bring coherence to the confusion of state whistleblower causation standards by: (1) explaining the causation standards presently used in federal whistleblower protection statutes; (2) identifying the proliferating causation standards used in whistleblower claims brought under state law; (3) assessing the most commonly used causation standards, including exploring the tort causation doctrine and theory that underlie some of these standards; and (4) proposing a uniform standard for causation in state whistle- blower litigation.

Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight

University of Richmond Law Review

No abstract provided.

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

University of Richmond Law Review

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …

Online Issue: Table Of Contents

University of Richmond Law Review

No abstract provided.

Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols

University of Richmond Law Review

No abstract provided.

Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

University of Richmond Law Review

Review:

Rethinking the Law School: Education, Research, Outreach and Governance

By Carol Stolker. Cambridge University Press, 2014. 454 pp. $125.00

What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker

University of Richmond Law Review

Part I provides an overview of the acquisition landscape, including

a brief history of the prevalence and success of acquisitions

as well as an analysis of acquisitions today. Part II outlines

the acquisition process and highlights the importance and dynamics

of decision making, both in principle and in practice. Part

III explores two theories of acquisitive strategy driving CEO decision

making: value enhancement and private interest. Part IV

analyzes the implications of CEO personality and psychological

drivers on acquisition strategy and decision making. This article

argues that CEO traits are central decision drivers, but that no

particular set of traits …

Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.

Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii

University of Richmond Law Review

No abstract provided.

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Richmond Journal of Law and the Public Interest

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current short- comings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems …

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White

University of Richmond Law Review

Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with its importance to individuals and society generally. Part II surveys some of the truth-related language used in multiple state and federal jurisdictions. It also examines the constitutional problems created by this language and discusses courts' inadequate responses to these problems.

Part III explains our controlled experiment, including our hypotheses, study design, and empirical findings. Part IV discusses these findings and their significance and argues that courts should immediately terminate their use of truth-based jury instructions so that our constitutional guarantees are fulfilled. Finally, …

The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger

University of Richmond Law Review

No abstract provided.

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.

Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass

University of Richmond Law Review

Part I of this article will review the historical roots of civil asset

forfeiture law. Part II will provide a more modern history of these

laws and an overview of Virginia's current asset forfeiture

scheme. Part III will examine the criticism of Virginia's drugrelated

civil asset forfeiture laws and highlight due process concerns,

risk of abuse of power, and misallocation of priorities due

to the structure of these laws in Virginia. Finally, Part IV will

provide recommendations to reform Virginia's civil asset forfeiture

laws.

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.

Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson

University of Richmond Law Review

No abstract provided.

Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

Law Faculty Publications

Review of Carel Stolker's book, Rethinking the Law School.