Law Commons^™

Sir Robert Raymond's Common Law Reports (1694-1696), William Hamilton Bryson

Law Faculty Publications

Robert Raymond was born on 20 December 1673 in London. He was the only son of Sir Thomas Raymond (1627-1683), a judge and law reporter. He was formally admitted to Gray's Inn, his father's inn, at the age of nine in 1682. He was a student at Eton College and Christ's College, Cambridge. Raymond was called to the bar of Gray's Inn in November 1697, and he joined ad eundem Lincoln's Inn in 1710. He was the Solicitor General from 1710 until 1714 and Attorney General from 1720 to 1724. He was a member of Parliament from 1710 to 1724. …

Forward-Looking Family Law, Meredith J. Harbach

Law Faculty Publications

Reviewing June Carbone & Naomi Cahn, Marriage Markets: How Inequality is Remaking the American Family (Oxford University Press 2014), and Clare Huntington, Failure to Flourish: How Law Undermines Family Relationships (Oxford University Press 2014).

This essay reviews both books, describing their core arguments and innovative re- form proposals. Having surveyed their work, I agree with Carbone, Cahn, and Hunting- ton that the most urgent and politically-tenable reforms to family law involve enhancing investments for structural supports benefitting children. Both books shore up the instrumental and normative cases for such investment, and they also show how a renewed focus on children …

America Is Slowly Awakening To The Structural Unfairness In Our Criminal Justice System, Mary Kelly Tate

Law Faculty Publications

Review of Bryan Stevenson's book, Just Mercy: A Story of Justice and Redemption, published by Spiegal & Grau in 2014.

Feminist Justice: Review Of Sisters In Law: How Sandra Day O'Connor And Ruth Bader Ginsburg Went To The Supreme Court And Changed The World, By Linda Hirshman, Corinna Barrett Lain

Law Faculty Publications

Like most good books, Sisters in Law has a number of strengths and also a few weaknesses. In this review, I briefly reflect on both, then turn to what struck me most about the book, the thing I’m still thinking about and struggling with: what it means to be an elite. The good, the bad, and the ugly (truth)—here is my reaction to Sisters in Law.

Why Insurance Contracts Might Be The Trick To Police Reform, John F. Preis

Law Faculty Publications

How do lawsuits deter misconduct? That is an issue that Professor Joanna Schwartz has written about before, and her latest article on the topic, How Governments Pay: Lawsuits, Budgets and Police Reform, could not be more timely. Over the past year, our county has witnessed dramatic instances of police abuse and the public is understandably demanding reform. Schwartz’s terrific article explains why civil rights actions may fail to instigate reform, and suggests how insurance contracts, of all things, can play a role in fixing this problem.

Confirming Judges In The 2016 Senate Lame Duck Session, Carl W. Tobias

Law Faculty Publications

In this piece, Professor Carl Tobias descriptively scrutinizes the nomination and confirmation regimes throughout the administration of President Barack Obama. The article critically evaluates selection finding that persistent Republican Senate obstruction resulted in the greatest number of unoccupied posts for the longest duration, briefly moderated by the 2013 detonation of the “nuclear option,” which constricted filibusters. Nevertheless, the article contends when the Grand Old Party (GOP) attained a chamber majority, Republicans dramatically slowed the nomination and confirmation processes after January 2015. Therefore, openings surpassed ninety before Congress is scheduled to reassemble. Because this dilemma erodes rapid, inexpensive, and equitable disposition, …

National Conference On Copyright Of State Legal Materials, Roger V. Skalbeck

Law Faculty Publications

A surge in legislation and the lawsuits on the copyright status of state legal materials raises concerns about principles of open government and free accessibility and use of these materials. On December 2, 2016, the American Association of Law Libraries (AALL) and Boston University School of Law are convening the National Conference of Copyright in State Legal Materials at BU Law. At this conference, all participants will be able to explore the issues surrounding state legal materials access through parallel goals of: Education, Inspiration, and Conversation.

Union Representation In Employment Arbitration, Ann C. Hodges

Law Faculty Publications

Employers in recent years have promulgated arbitration programs to resolve disputes with their present and former employees. Arbitration may in many cases provide a lower-cost forum than litigation for resolving such disputes. But the problem of representation of Americans of modest incomes still remains. Ann Hodges explores in this chapter whether labor unions can help address that representation gap.

Between Flexibility And Stability: Ad Hoc Procedures And/Or Judicial Institutions?, Chiara Giorgetti

Law Faculty Publications

The choice between the flexibility offered by ad hoc procedures and the stability proper of established judicial institutions poses many interesting questions for those interested in international dispute resolution. This chapter seeks to assess some of these questions and, possibly, to offer suggestions to future parties and their counsel on how to select the most appropriate resolution mechanism to resolve their international inter-state dispute. To begin with, it is worth noting two important and related trends that characterize contemporary international dispute resolution: first, the increased use of international litigation by diverse international actors, and second, the multiplication of dispute resolution …

The Limits Of Energy Efficiency Markets In Climate-Change Law, Noah M. Sachs

Law Faculty Publications

This Article examines whether market-based policies, deployed in many areas of environmental law, should be harnessed to promote energy efficiency. Several countries in Europe and Asia have experimented with this new approach to energy efficiency, establishing markets that involve mandatory energy savings targets for firms and inter-firm trading of certificates that represent quantified energy savings. Many analysts contend that these new markets can unlock overlooked opportunities for energy efficiency improvements and could be a critical policy tool for addressing climate change. After describing the rationale for these new markets and their operation in other countries, this Article concludes that the …

Pro Bono At University Of Richmond School Of Law, Tara L. Casey

Law Faculty Publications

“Pro bono” is often the first legal Latin that a law student learns, before other courses come in with their res ipsa loquitur and in flagrante delicto. The reason for this primacy is the greater emphasis law schools have placed upon pro bono programming in the past ten to fifteen years.

Fisher’S Cautionary Tale And The Urgent Need For Equal Access To An Excellent Education, Kimberly J. Robinson

Law Faculty Publications

In this Comment, I argue that much greater care and attention must be paid to the educational opportunity gaps and resulting achievement gaps that prompt many colleges and universities to rely on affirmative action. Increased attention to greater equality and excellence in elementary and secondary education can help reduce or eliminate the need for affirmative action, which is an approach that fundamentally aims to ensure equality. Without additional attention to closing opportunity gaps, the Court may declare that the time has come for affirmative action to end, but the United States will not be equipped to maintain diverse, selective postsecondary …

Diversity Without Integration, Kevin Woodson

Law Faculty Publications

The de facto racial segregation pervasive at colleges and universities across the country undermines a necessary precondition for the diversity benefits embraced by the Court in Grutter — the requirement that students partake in high-quality interracial interactions and social relationships with one another. This disjuncture between Grutter’s vision of universities as sites of robust cross-racial exchange and the reality of racial separation should be of great concern, not just because of its potential constitutional implications for affirmative action but also because it reifies racial hierarchy and reinforces inequality. Drawing from an extensive body of social science research, this article explains …

Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe

Law Student Publications

Reporting on Petitti v. McDonald, No. 13-3469, ____ Vet. App. ____ (October 28, 2015): The Court was asked to clarify what constitutes "painful motion" and what evidence the Board of Veterans’ Appeals must consider when making this determination.

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

Law Student Publications

This comment reviews the background and status of the charter school movement in Part I and addresses legal challenges charters face in Part II. Part III provides an overview of Virginia's charter school law, and Part IV analyzes how the legislature can improve that law to foster charter school exploration in the Commonwealth.

"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch

Law Student Publications

The use of Guantanamo Bay as an extraterritorial detention center intended to house what the United States deems as "unlawful enemy combatants" has been problematic for several reasons. First, the United States government has argued that Guantanamo exists outside of its immediate territorial sovereignty, and therefore the detainees do not have to be afforded any significant procedural and substantive legal protections under the Constitution. Second, it is unclear how and to what extent United States activities in Guantanamo Bay conform to international human rights standards. Significantly, it has been questioned whether or to what extent public international and human rights …

A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito

Law Student Publications

On a global scale, soccer (or as it is commonly called in most other countries “football”) is the most popular sport based on its numbers alone with over 250 million players. In recent years, the sport has become increasingly popular in nations or territories such as the United States. As a result of this increased interest, the sport and its governing organization, The Federation Internationale de Football Association (“FIFA”), has been thrown into the global media arena in the past two decades. Recently unearthed information, however, has put the actions of the organization at the center of controversy for alleged …

An App For Third Party Beneficiaries, Alexandra W. Cook, J. Kyle Lowder, Michelle Sonntag

Law Student Publications

Every year, more than 100 reported court opinions consider the question of whether an outsider can sue for damages under a contract made by others-in part because the law is so ambiguous. While contract enforcement by a third party is controlled largely by the facts of the particular case, it also materially depends upon the relevant legal standards. At present, not just the standards, but also the reasons for these standards, are unclear. Eighty years ago, Lon Fuller, a professor teaching contracts at a then-Southern law school, and William Perdue, a student at that school, significantly clarified and improved decision …

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

Law Student Publications

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 shortcomings 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 arising …

A Golden Anniversary, P. Thomas Distanislao Iii, Ann Elizabeth Reid

University of Richmond Law Review

No abstract provided.

Protest Is Different, Jessica L. West

University of Richmond Law Review

No abstract provided.

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 Vol XIX, Issue IV

Integrating Mindfulness Theory And Practice Into Trial Advocacy, David M. Zlotnick

Richmond Public Interest Law Review

This article discusses using mindfulness techniques to help students learn authenticity in trial setting.

Issue 2: Table Of Contents

University of Richmond Law Review

No abstract provided.

"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer

Richmond Journal of Law & Technology

More than ten years ago, the Zubulake case raised awareness of the importance of digital evidence in litigation. At that time, for many lawyers, the discovery process consisted of collecting paper documents, manually reviewing those paper documents, and responding to document requests by producing paper documents. Digital evidence existed, but was more limited in scope and volume than it is today. Back then it was often overlooked or not recognized as a potential source of valuable evidence to be obtained in discovery.

Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer

Richmond Journal of Law & Technology

Over the past twenty years, the near-constant use of sophisticated technological tools has become an essential and indispensable aspect of the practice of law. The time and cost efficiencies generated by these resources are obvious, and have been for years. And because clients expect their counsel to take full advantage, savvy attorneys understand that they must keep up with ever-evolving legal technologies to stay competitive in a crowded marketplace.

Class Of 2017-2019, University Of Richmond

Class Photos 1998-Current

This facebook, created for the 2016-2017 school year, contains photos of the Class of 2017, Class of 2018, and Class of 2019.

Nudging Parents, Meredith J. Harbach

Law Faculty Publications

Childcare quality matters, and parents intuitively understand that it does. Among the features of childcare parents most value, quality is regularly at the top of the list. Yet experts consistently rate childcare quality in the United States as mediocre at best. Why the disconnect? This Article argues that behavioral market failure is an important piece of the puzzle. Standard economic theory assumes parents are rational market actors, and even market failure theory cannot account for their imperfect rationality. But the paradox of poor childcare quality is not just market failure; it's behavioral market failure. This diagnosis not only helps us …

Table Of Contents

Richmond Journal of Law and the Public Interest

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

Letter From The Editor, Katherine R. Schroth

Richmond Journal of Law and the Public Interest

Letter from the Editor for the Richmond Journal of Law and the Public Interest Vol XIX, Issue IV