Law Commons^™

The Criminalization Of Title Ix, Erin R. Collins

Law Faculty Publications

This essay proceeds in three parts. Part I provides a brief overview of the history of feminist-influenced criminal rape law reform and the rise of carceral feminism. Part II demonstrates how key tenets of the criminal law approach have been imported into emerging Title IX policies. Part III engages in a brief distributional analysis to identify who benefits and who loses from this approach. Then, drawing on insights from critical feminist critiques of rape law reform, begins to identify ways to use the opportunity Title IX presents to craft a very different kind of response to sexual assault--one that focuses …

Ferc V. Epsa And The Path To A Cleaner Electricity Sector, Joel B. Eisen

Law Faculty Publications

This article analyzes the impact of FERC v. Electric Power Supply Association, in which the Supreme Court upheld FERC’s demand response rule (Order 745) and confirmed FERC’s authority over “practices” “directly affecting” wholesale rates for electricity. It contends that the Supreme Court made a definitive pronouncement on FERC’s authority over end users of electricity who also provide resources back to the electric grid. It also contends that FERC v. EPSA marks the end of “dual federalism” in electricity law that treated federal and state jurisdiction as separate and distinct spheres of authority. Instead, it posits a new era of concurrent …

Omg - The Internet Is Amazing, Joyce Manna Janto

Law Faculty Publications

Maybe even more useful than the source lists are the original articles by Rick such as “Federal Administrative Law: A Brief Overview” and “Federal Legislative History Research: A Practitioner’s Guide to Compiling the Documents and Sifting for Legislative Intent.” These publications are invaluable to both the novice and the more experienced researcher who may not conduct legislative research on a regular basis. They keep researchers up to date on what can be found where -- either on free or commercial databases. Using the Source Book is still a way to save valuable research time.

Honoring Rick Mckinney And Llsdc’S Legislative Source Book, Roger V. Skalbeck, Joyce Manna Janto, Kathleen Klepfer

Law Faculty Publications

In this essay, through three vignettes inspired by the Legislative Source Book, we honor Rick McKinney for his role as the collection’s guiding light and leading author. We also provide a list of permanent links suitable for scholarly citation, where major parts of the collection are now archived online.

Confirm Judge Koh For The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

On February 25, 2016, President Barack Obama appointed United States District Court Judge Lucy Haeran Koh for a judicial emergency vacancy on the United States Court of Appeals for the Ninth Circuit. The jurist has served professionally for more than six years in the United States District Court for the Northern District of California, ably resolving major litigation. Thus, White House efforts to confirm her were unsurprising. Nevertheless, 2016 is a presidential election year when delay infuses many court appointments. That conundrum was exacerbated because the United States Senate Republican majority refused to even consider United States Court of Appeals …

In Memoriam: J. Rodney Johnson (1939-2015), William Hamilton Bryson

Law Faculty Publications

A remembrance of J. Rodney Johnson, Professor of Law, Emeritus, of the University of Richmond, and one of the preeminent legal scholars of wills and testamentary trusts in Virginia.

Electing Justice Roush To The Supreme Court Of Virginia, Carl W. Tobias

Law Faculty Publications

In late April 2015, the Supreme Court of Virginia announced that Justice LeRoy F. Millette, Jr. would retire on July 31, 2015. Democratic Governor Terry McAuliffe expeditiously created an open process for tapping a worthy successor. At July’s conclusion, the Governor appointed Fairfax County Circuit Judge Jane Marum Roush, an experienced, consensus jurist. On a Sunday night, merely two days after Roush swore her oath of office, Republican General Assembly leaders proclaimed their caucuses’ intention to elect another individual, despite conceding that Roush was very qualified. During the August special session, this concerted GOP endeavor prompted a Republican senator to …

Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith J. Harbach

Law Faculty Publications

This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.

A Further Note On Federal Causes Of Action, John F. Preis

Law Faculty Publications

In the article, I argue that federal causes of action ought to be treated as (1) distinct from substantive rights, (2) synonymous with the availability of a remedy (but not whether a remedy will in fact issue) and (3) distinct from subject matter jurisdiction (unless Congress instructs otherwise). This thesis is built principally on a historical recounting of the cause of action from eighteenth century England to twenty-first century America. In taking an historical approach, I did not mean to argue that federal courts are bound to adhere to centuries-old conceptions of the cause of action. I merely used history …

Free Access To Law Of The European Union And Its Member States, Alexis Fetzer

Law Faculty Publications

While Europe may lie across the pond, there are many reasons why today’s practitioner would need to research the law of the European Union or one of its member states. However, with a complex institutional structure and multiple bodies producing various forms of law, researching the law of the EU can seem like a daunting task.

As with any research in an area of unfamiliar law, a good place to begin is with a research guide. Prepared by subject experts, research guides will point to relevant sources for locating primary material and often contain helpful explanations that assist in understanding …

Charging On The Margin, Paul T. Crane

Law Faculty Publications

The American criminal justice system has experienced a significant expansion in the number and severity of penalties triggered by misdemeanor convictions. In particular, legislatures have increasingly attached severe collateral consequences to misdemeanor offenses- penalties such as requirements to register as a sex offender, prohibitions on owning or possessing a firearm, and deportation. Although there is a wealth of scholarship studying the effect this development has on defendants and their attorneys, little attention has been paid to the impact collateral consequences have on prosecutorial incentives. This Article starts to remedy that gap by exploring the influence that collateral consequences exert on …

Bacon, Example Of A Treatise Touching Universal Justice, William Hamilton Bryson

Law Faculty Publications

This chapter provides a brief overview of the life and work of Francis Bacon, Viscount St. Alban (1561-1626), with particular attention to his Exemplum Tractatus de justitia universalis, sive de fontibus iuris in uno titulo per aphorismos, published in 1623.

It’S Time For The Fourth Circuit To Rethink Deshaney, Dale Margolin Cecka

Law Faculty Publications

In 2015, the Fourth Circuit heard Doe v. Rosa, in which the parent plaintiffs sought to extend civil liability to the Citadel’s president, for failing to protect their minor sons from sex abuse inflicted by one of the Citadel’s employees. In dismissing the matter, the Fourth Circuit followed precedent set by the Supreme Court years ago in Deshaney. This interpretation of Deshaney, however, is no longer valid in light of the growing number of sexual misconduct cases involving educational institutions. Strictly applying Deshaney encourages schools to place their interests higher than the security of their students. In …

A Demographic History Of Federal Judicial Appointments By Gender And Race: 1789-2016, Jonathan K. Stubbs

Law Faculty Publications

This article briefly surveys the constitutional and statutory foundation for the creation of the federal judiciary. It also furnishes data, by sex and race, of the appointment of federal judges to courts of general jurisdiction during each presidential administration from September 24, 1789, through April 11, 2016. Thus, Part I describes the pace of diversification of the federal judiciary. While data regarding other attributes of judges (such as their socioeconomic status) exist, extensive analysis of such characteristics falls outside the parameters of this preliminary analysis. Nonetheless, the Article notes in passing that, since 1989, during each presidential administration, the majority …

The K-12 Funding Crisis, Kimberly J. Robinson

Law Faculty Publications

Current discussions about K-12 education often highlight the reforms that seek to improve the quality of schooling. Some of these measures—the common-core standards, teacher evaluation, and, most recently, the Every Student Succeeds Act—undoubtedly have the potential to improve educational opportunities for students. However, what is often missing from education reform conversations is how these reforms can create sustainable changes to the education system. We believe the system's very foundations are broken, and school funding is one of the most pressing issues in need of repair.

Caselaw Developments 2015, William O. Fisher

Law Faculty Publications

This report was prepared for the ABA Business Law Section’s Federal Regulation of Securities Committee, Subcommittee on Annual Review. The paper contains sections on relevant Supreme Court decisions, SEC rulemaking, SEC enforcement actions, proxy solicitation, forward-looking statements, insider trading, materiality, duty to disclose, Scienter and scienter pleading, and the Securities Litigation Uniform Standards Act ("SLUSA").

The Republican Senate And Regular Order, Carl W. Tobias

Law Faculty Publications

Now that the 114th Congress has reached the first session’s conclusion, the purported application of regular order to a major Senate constitutional duty—rendering advice and consent on presidential nominees—merits analysis. This evaluation illuminates serious deficiencies, which plagued 2015 confirmations. Especially important was the GOP’s failure to expeditiously suggest aspirants for White House consideration, and specifically failing to fill “judicial emergencies,” provide hearings and ballots swiftly, conduct floor debates when required rapidly, and confirm more than 11 judges all year. This obstruction has numerous deleterious consequences; the most significant, however, is not fulfilling the constitutional responsibility to proffer advice and consent …

On Maximizing Deterrence Per Dollar: Thoughts Inspired By Peter Reilly, Andrew B. Spalding

Law Faculty Publications

Professor Peter Reilly addresses concerns that practitioners in this space have privately and publicly debated for years. What exactly is cooperation credit? Can we quantify it? The government promises that self-reporting is in our self-interest, but the government’s interest in saying so is obvious enough. What evidence can the government provide?

The difficulty of measuring this credit is somewhat ironic, given the government’s dependence on cooperation. As this essay will show, our modern enforcement regime, which has four components—the internal or independent investigation, voluntary disclosure, cooperation credit, and a negotiated settlement—is the government’s method of maximizing general deterrence with finite …

Table Of Contents

Richmond Public Interest Law Review

Table of Contents for the Richmond Journal of Law and the Public Interest, Vol. XIX, Issue IV.

Foreword: Mindfulness, Writing, And The "Inner Lawyer", Shari Motro

Richmond Public Interest Law Review

Foreword for the Richmond Journal of Law and the Public Interest Vol XIX, Issue IV

Love, Anger, And Lawyering, Deborah J. Cantrell

Richmond Public Interest Law Review

As I think about my journey from law school to now, I realize that it took me some time to find a way to lawyer that also made me feel like I was flourishing in my broader life. Early in my career, I was not always aware of when I was picking up habits of mind about lawyering. I took for granted that the lawyer brain I was developing was the best version of lawyer brain out there. In order to realize the flaws in my lawyer brain, I had to fail to flourish. Then, I had to learn that …

A Lawyer's Journey Of Worker Advocacy And Faith, Ann C. Hodges

Richmond Public Interest Law Review

A personal narrative exploring the author's journey through the law and her faith to find her passion for advocating for social justice change as a labor advocate.

Mindfulness, Law And Reciprocal Practice, Scott Rogers

Richmond Public Interest Law Review

The legal profession is embracing mindfulness—an avenue of personal and professional growth and development. In so doing, lawyers, law students, judges, law faculty, and other members of the legal profession are reporting meaningful changes to their health and wellbeing, the quality of their social relationships, and their effectiveness and productivity at school and work. These reports corroborate the experience of a great many mindfulness practitioners and is consistent with medical and neuro-scientific research exploring the cognitive, physical, and emotional benefits associated with mindfulness practice. While mindfulness is often discussed in the context of feeling less stressed and being better able …

Toward Lawyering As Peacemaking: A Seminar On Mindfulness, Morality, And Professional Identity, Angela P. Harris

Richmond Public Interest Law Review

In the last few years, a number of books and articles have touted the idea that lawyering should be seen as a form of “peacemaking.” The peacemakers argue that “new lawyer” practices, such as “holistic lawyering,” “collaborative lawyering,” and old and new forms of alternative dispute resolution are transforming lawyering itself. Instead of pursuing victory over the opposing party, lawyers are looking for mutually beneficial settlements; in- stead of functioning as gladiators, lawyers are becoming experts at “trans- forming practices,” finding ways to bring peace and happiness to them- selves and their clients.

In the fall of 2010, Professor Stephanie …

Discovering Agreement: The World In Which We Find Ourselves, Linda Alvarez

Richmond Public Interest Law Review

This selection advocates for a change in the conversation in how lawyers negotiate contracts, moving away from competition between the parties and toward a more cooperative relationship.

Teaching Relational Lawyering, Susan L. Brooks

Richmond Public Interest Law Review

This article discusses how to incorporate “relationship-centered lawyering” into the law school curriculum through communication practices and how strong relational skills are helpful to lawyering and their professional lives.

Morality Now: Healing The Heart Of Darkness Of The First Year Law Student, M.C.

Richmond Public Interest Law Review

This paper argues the current law school structure, championing analytical reasoning over morality, does not adequately prepare law students for effective advocacy. The first section explores the tradition- al law school structure and the methods used to teach students. The second section argues that these methods encourage students to separate law from morality, which in turn affects their ability. Lastly, the third section argues that by requiring mandatory first year clinical practice and injecting compassion through mindfulness practice, students will have a proper moral foundation to use law as a tool in con- junction with their own belief system.

Finding Peace In Law School, Dominique Simon

Richmond Public Interest Law Review

This article discusses the author's law school experience and the struggle to understand the motivations behind legal education process and the shortcomings of the legal justice system. The articles explores how mindfulness and the author's own spiritual awakening improved his legal education.

Pro Bono Scholastici: Getting Out Of The Building While Remaining In The Classroom, B. Allen Wall

Richmond Public Interest Law Review

The author discusses his experience in developing his personal identity in law school and cultivating purpose while helping one illegal immigrant faced with deportation.

Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson

Law Faculty Publications

Before the year 2000, there were in print only two modest collections of reports of cases in the Court of Exchequer dating before the accession of King George I in 1714. These are the reports of Sir Richard Lane (d. 1650) and those of Thomas Hardres (d. 1681). Combined, they cover only 28 years, and the number of cases is quite minuscule compared to the other high courts of justice at Westminster. This extreme paucity of printed materials has given a false impression of unimportance of the Court of Exchequer. While it is certainly true that this court did not …